Terms and Privacy Policy

Terms of Service

Updated September, 18th 2020


This document sets out the terms and conditions (“Terms”) on which Ask Marty, a French company with registered office at 30 rue Philippe de Girard, 75010 Paris (France) and company number 879 660 744 RCS Paris (“Ask Marty” or “ we”) provides you with our price monitoring services (the “Services”) through our application (the “App”). They also govern your use of the website askmarty.io (the “Website”). Please read these Terms very carefully before using the Ask Marty App or accessing the website.

If you are using the App: you acknowledge and agree that by clicking on “Let’s go!”, you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to use Ask Marty.

If you are merely accessing the Website: you understand that the use of the Website is conditional upon your acceptance of these terms in force at the time you access the Website. If you do not agree with these Terms, you may not access the Website.

1. Use of the App and Website

Your use of the App and/or Website is subject to your acceptation of these Terms. You must:

Be a consumer

Have reached the age of majority in your country of residence

2. Description of the Services

Ask Marty is a mobile application allowing you to get the exact same hotel room you have already booked, but at a better rate. Ask Marty monitors prices 24/7 and finds ways for you to rebook a room and save money.

To use our Services, you must:

Download the App.

Forward any reservation email after you have booked on any platform. To do so, we will share with you, through the App, a personalized email address. Simply forward your reservation email to that address using your regular email service provider.
We will monitor prices to find you a better deal for that exact same room (i.e., same category of rooms in the same hotel at the same dates). If and when we find you a better deal from a third-party website (the “Provider”), we will notify you through the App.

If you are happy with this deal, proceed with the rebooking of your room on your own and do not forget to cancel your initial booking before the end of the cancellation period.

IMPORTANT: We are not a booking agent and we do not provide booking services. Our Services are limited to monitoring prices online. We do not enter into any contract on your behalf. When rebooking a room, you understand that you will be subject to the terms and conditions, including data protection and privacy terms, of the Provider, upon which we have no control or responsibility. You should read all such terms carefully as they may contain important information (e.g., age requirement, sale and payment conditions, taxes, cancellation / no-show policy, etc.).

Before making a new booking, it is your responsibility to verify that the Provider's offer is better than your initial booking, to read and understand the Provider's terms and conditions and that your original booking can be cancelled. In addition, be advised that some Providers may require that payment is made upfront by payment card, and therefore your payment card may be pre-authorized or charged (sometimes without any option for refund) upon making the new booking, so please check the details of the new deal thoroughly, for any such conditions prior to making your booking. In particular, the new offer may slightly differ from the initial booking. These include in particular the following cases: elimination of small additional services (e.g., free water bottle) and additional agreements with the hotel (e.g., extra pillows), etc. Fundamental differences (e.g., standard room instead of suite) remain unaffected if not explicitly accepted by you. Likewise, we cannot determine, whether the rebooking will cause you to lose any bonuses or loyalty points, which you received for the initial booking or would receive when using the original reservation. Ask Marty cannot be held responsible for any inconvenience this may cause you.

We are not involved in any way and have absolutely no control over your new booking once it is complete. From this point, you should therefore direct any question, query, concern or complaint you may have regarding your booking to the Provider.

For the avoidance of doubt, these Terms are not affected by, or are subject to the terms and conditions of any Providers, and any other agreements between you and any Provider.

3. Price and payment

The use of the price monitoring Service is free.

Prices of the new deal are displayed in your currency (you may change it through your settings). Depending on the country, these prices may be shown exclusive of tax, including VAT only, or with all taxes included (VAT and tourist tax included). Where prices are shown exclusive of all taxes, the taxes (VAT and/or tourist tax) will be specified during the next steps of the booking process.

We are not involved in the payment flow between you and the relevant Provider. Payment for the new room will be made directly from you to the relevant Provider, subject to the Provider’s own terms and conditions.

4. Cancellation

Please refer to the Provider’s own terms and conditions for its own cancellation / withdrawal policy.

5. Acceptable use of our Website, App and Services

Permitted use. As long as you accept and comply with these Terms, and unless we terminate them, we grant you a non-exclusive, non-transferable, free and revocable right to access and use our Website and App in accordance with these Terms, for your personal use only.

Prohibitions. Any reproduction, representation, exploitation, adaptation or translation of the Website or app, or any of their contents, in whole or in part, for other purposes on any medium whatsoever, is prohibited.

Any extraction, by permanent or temporary transfer to another medium by any means whatsoever, or reuse by making available to the public all or a qualitatively or quantitatively substantial part of the Website, App and/or their content, is prohibited.

You agree not to damage, disable or overburden the Website and/or app, or prevent any other party from using the Website and/or app.

Without prejudice to our rights and recourses, we reserve the right to temporarily or permanently suspend your access to the Website and/or app, at any time, without notice, in the event that you violate any of the provisions of these Terms.

In the event that we consider that you are making illegal and/or unauthorized use of our Website, App and/or Services, we reserve the right to take any action we deem necessary, including terminating the contract without notice and, in the event of illegal use, taking legal action.

6. Availability and security

In principle, the App and Website are accessible 24/7, except for interruptions, scheduled or unscheduled, for maintenance purposes or in cases of force majeure. We cannot be held responsible for any damage, whatever its nature, resulting from unavailability.

You are also informed of the fact that due to the intrinsic characteristics of the Internet, the data transmitted via the App and Website is not protected against the risks of misappropriation and/or hacking, for which we cannot be held responsible. It is up to you, if necessary, to take all appropriate measures to protect your smartphone and/or your data.

7. Liability

We will do all reasonable commercial efforts to find you a better deal, but we offer no guarantee in that respect.

If we find you a better deal, we cannot guarantee that it will still be available when you decide to click on the “Show Deal” button, as we have no control over services advertised by the Providers. We advise you wait for the final confirmation generally sent by the Provider before you cancel your previous booking.

We are not responsible for content on external websites, in particular Providers’ websites.

We cannot be held responsible for any consequences resulting from the modification, discontinuation or deletion of the App or any functionality offered by the App, for any reason whatsoever and in particular due to technical constraints.

In addition, any event that can be qualified as a Force Majeure event (“Force Majeure”) may lead to the suspension or interruption of the App, during which our responsibility cannot be engaged. Force Majeure includes any fact or omission beyond our control and meeting the criteria established by jurisprudence.

8. Intellectual property

All the elements present on the App and Website are protected by intellectual property law and may not be reproduced or used without our prior consent. No one is authorized to exploit, disseminate or use the intellectual property rights including, without limitation, the rights held on the name Ask Marty, without our prior written consent. The trademarks and logos belonging to us are registered trademarks. Any reproduction without our permission is therefore an infringement.

9. Personal data

We need to process your personal data to provide you with the Services. For more information on how we collect and process your personal data, and how to exercise your rights, please read our Privacy policy.

10. General

These Terms are governed by French law, except in cases where the law of your country of residence requires a higher level of protection that cannot be derogated from by agreement, in which case such law shall apply.

In case of dispute, we invite you to contact the Customer Service (see Section 11), in order to find an amicable solution. If you are an EU resident and if no amicable solution is found after you sent us a claim in writing, you are informed that you can resort, free of charge, to mediation. You can also submit your claims on the online dispute resolution website (here) of the European Commission, which will transmit your claim to the relevant mediator.

In any case, any dispute may be brought to the courts having jurisdictions.

11. Customer Service

If you have any comments or questions, please feel free to get in touch by sending an email to support@askmarty.io.

12. Changes to these Terms

We may occasionally change these Terms, for example, to comply with new requirements imposed by the applicable laws, technical requirements or good commercial practices. We will notify you in case of material changes and you will need to consent to the new version of the Terms in order to continue using the App and/or Website. Nevertheless, with respect to past transactions, you will remain bound by the version of the Terms applicable at the time.

Have a question?

Not sure exactly what we’re looking for or just want clarification? We’d be happy to chat with you and clear things up for you. Anytime!

Email us

support@askmarty.io


Ask Marty Privacy Policy

Updated September, 18th 2020

Your privacy is important to us. This Privacy Policy explains how we collect and process your personal data when you visit our website, use our services or interact with us.

1. Who is responsible for your personal data?

Ask Marty, a French company with registered office at 30 rue Philippe de Girard, 75010 Paris (France) and company number 879 660 744 RCS Paris (“Ask Marty” or “we”), is the controller of your personal data.

2. Minimum age

Protecting the safety and privacy of children is very important to us. We do not knowingly collect or use personal data from anyone under the age of 16 years old, without the consent of both the child and the holder of parental responsibility. Therefore, you represent that you are at least 16 years old or above when you provide your personal data in relation to our products or services. If you are not at least 16 years old, you must ask the consent of your parent or legal guardian to provide us with your personal data. In this case, please contact the contact details indicated in Article 7 below.

3. What data do we collect about you?

We collect information that you provide to us, such as your contact details, your booking information and any other information you share with us when you use the Ask Marty app or contact us. Note that when you share your booking information with us, we may use your reservation number to access additional information regarding your booking (if any) on the relevant third-party platform.

We also collect certain information automatically when you visit our website or use our app and services. We use matomo.org for activity tracking on our website. You can choose to opt-out of tracking by following this link.

4. How do we use your personal data and for how long?

We use your personal data for the purposes listed below. Whenever we process your personal data, we do so on the basis of a lawful "justification" (or lawful basis) for processing, which we have identified in the table below.

Our general approach is to retain your personal data only for as long as required to fulfill the purposes for which it was collected. We generally retain your personal data for the duration strictly necessary for the management of our relationship with you. However, we may in addition retain personal data for longer periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or where such data is necessary to establish the existence of a right or contract. In that case, your personal data will be archived and retained for the duration imposed by applicable law, or for the duration of the applicable statute of limitations. When your personal data will no longer be necessary, we will delete or anonymize them.

Purpose for processing Lawful basis Retention period
To manage your Ask Marty personal account and provide you with our services, including access to the Ask Marty app. This processing is necessary to perform our contract with you. Duration of our relationship with you (i.e., as long as you have an active account with us)
To respond to your queries or complaints. This processing is based on your consent. Duration necessary to process and respond to your query or complaint
To send you electronic marketing communications regarding our services. If you are an existing user, we have a legitimate interest in keeping you up to date on the latest announcements provide you with other information we think you would like to hear about from us.
If you have not used our services in the past, then we will ask for your consent.
3 years from the end of our relationship with you, unless you object.
If you have not used our services in the past, we will only keep your data for 3 years since you consented to receiving marketing communications or from your last contact with us, unless you withdraw consent
To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested We consider that we have a legitimate interest in showing our users personalized content in order to ensure a great user experience and maintain their interest in our services. Duration of our relationship with you, unless you object
To help us better understand the use of our services and improve them, by conducting reviews and statistical analysis. We consider that we have a legitimate interest in improving our service offering in order to ensure that we are providing our users with what they need, helping us to preserve our business operations or grow our business. 1 year
To respond to your requests to exercise your data protection rights and manage an objection list. This processing is necessary to comply with our legal obligations. 3 years from the exercise of your objection right
To comply with our accountability and record-keeping obligations. This processing is necessary to comply with our legal obligations. Archived for duration imposed by applicable law (e.g., 10 years for accounting purposes)
In contemplation of and/or in connection with an asset or corporate operations (e.g., merger or acquisition, our reorganization or liquidation) We consider that we have a legitimate interest, as we need to be able to make decisions relating to the future of our business in order to preserve our business operations or grow our business. As necessary to carry out the business operation
To notify you in the event of an incident such as a data breach. This processing is necessary to comply with our legal obligations. As necessary to inform you

5. Who do we disclose your personal data to?

Your personal data is only accessible to the relevant personnel within our company. Your personal data may also be shared with our service providers and professional advisors (such as lawyers, accountants and auditors) when required in providing their services, with authorities and regulators where required, as well as with relevant third-party platforms when you confirm your wish to rebook an accommodation.

In case of any asset or corporate operations (e.g., merger or acquisition, our reorganization or liquidation), customer data will likely be one of the transferred assets and we may share them with any of our legal successors, to the extent permitted by law based on our legitimate interest.

Please note this list is non-exhaustive and there may be other examples where we need to share with other parties where justified by our legitimate interest, permitted by applicable law, or necessary for compliance with a legal obligation to which we are subject.

In this context, your personal data may be transferred outside the European Economic Area (EEA), to countries not offering a level of protection of personal data equivalent to that offered within the EEA, such as the US. In the absence of an adequacy decision of the European Commission, the transfer of your personal data will be made pursuant to standard contractual clauses adopted by the European Commission, as appropriate. You can obtain a copy of the relevant safeguard by contacting dpo@askmarty.io, although some details may be redacted for confidentiality reasons.

The transfer of your personal data to third-party booking platforms established outside the EEA is necessary for the implementation of pre-contractual measures taken at your request to book a new accommodation with such platform.

6. What are your rights?

You have a number of rights in relation to your personal data. More information about each of these rights is set out below:

Withdrawal of consent. You can withdraw at any time your consent in respect of any processing of personal data based on your consent, without affecting the lawfulness of processing based on your consent before its withdrawal.

Access. You can ask us to confirm whether we process your personal data and, as the case may be, inform you of the characteristics of such processing, allow you to access such data and give you a copy of it.

Rectification. You can ask us to rectify or complete inaccurate or incomplete personal data.

Erasure. You can ask us to erase your personal data in the following cases: where it is no longer necessary for the purposes for which it was collected; you withdrew your consent; you objected to the processing of your personal data; your personal data has been processed unlawfully; or to comply with a legal obligation. We are not required to comply with your request notably if the processing of your personal data is necessary for compliance with a legal obligation or for the establishment, exercise or defense of legal claims.

Restriction. You can ask us to restrict the processing of your personal data (i.e., keep but not use your personal data) where: the accuracy of your personal data is contested; the processing is unlawful, but you do not want it erased; it is still necessary to establish, exercise or defend legal claims; to verify the existence overriding grounds following the exercise of your right of objection. We can continue to use your personal data following a request for restriction, where: we have your consent; to establish, exercise or defend legal claims; or to protect the rights of another natural or legal person.

Portability. You can ask us to provide your personal data to you in a structured, commonly used, machine-readable format, or you can ask to have it 'ported' directly to another data controller, but only where the processing is based on your consent or on the performance of a contract with you, and the processing is carried out by automated means.

Digital legacy. You have the right to define (general or specific) directives regarding the fate of your personal data after your death.

Right to object to processing justified on legitimate interest grounds. Where we are relying upon legitimate interest to process personal data (see Article 3), then you have the right to object to that processing. If you object, we must stop that processing unless we can either demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms or where we need to process the data for the establishment, exercise or defense of legal claims.

Right to object to processing for marketing purposes. Where we process personal data for direct marketing purposes, then you have the right to object to that processing at any time.

You also have the right to lodge a complaint with a supervisory authority if you consider that the processing of your personal data infringes applicable law. In France, the supervisory authority for the protection of personal data is the CNIL (www.cnil.fr).

7. Contact and complaints

For further information regarding your rights, to exercise any of your rights, or if you have any complaints or questions regarding the processing of your personal data, please contact dpo@askmarty.io.

8. Changes to this Privacy Policy

We may occasionally change this Privacy Policy, for example, to comply with new requirements imposed by the applicable laws, technical requirements or good commercial practices. We will notify you in case of material changes.