Privacy Notice

(hereinafter “Privacy Notice“)

• Introduction

1. This Privacy Notice is given pursuant to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of natural persons with regard to the processing of personal data an on the free movement of such date, and repealing Directive 95/46/EC (GDPR). The purpose of the Privacy Notice is to share basic principles of the personal data processing with the participating data subjects (Participants).
2. For the purpose of this Privacy Notice:

1. The Website Operator:  Future Petz s.r.o., Kramoly 793/21, Střekov, 400 03 Ústí and Labem, IC: 09426426, DIC: CZ09426426, e-mail: hi@scanmy.name
2. SGL: Six Guys Labs, s.r.o., Slovanská 16, 301 00 Plzeň, IC: 054 09 969, DIC: CZ05409969, e-mail: hi@actijoy.com
3. Participant: an individual, who registers his/her pet in ScanMy.Name  (the “Database”) (cipovanypes.cz in Czech) database; and 
4. Personal Data: name and surname, residence address (in the minimum extent being a country and region), email and  phone number of the Participant. 

The Website Operator and SGL as Joint Data Controllers (as defined in article 26 of the GDPR) hereby inform about manner and scope of the Personal Data processing performed by them. This Privacy Notice also contains the information on the Participant’s rights related to the Personal Data processing.   

1. The Website Operator is a private limited liability company engaged in developing and maintaining of the Database of identified pets (via chip) and for this purpose it keeps and operates the Database. SGL provides a mobile application Actijoy that is connected to the Database and process the Personal Data uploaded in the Database.  
2. As a part of their business activities, the Website Operator and SGL as Joint Controllers  process the below scope of the Personal Data:

1. the Personal Data in a scope they were provided by the Participant in relation to the database order processed through the Website, in relation to the payment for the database by the Participant; and 
2. for purposes defined below. 

The Website Operator and SGL also process the Personal Data of the Participants also in relation to the Joint Data Controllers’ marketing. 

1. The Website Operator and SGL are Joint Data Controllers. The Personal Data are processed by the below identified Data Controllers and Data Processors:

Data Controllers:

1. Future Petz s.r.o., Kramoly 793/21, Střekov, 400 03 Ústí and Labem
2. Six Guys Labs, s.r.o., Slovanská 16, 301 00 Plzeň, Czech Republic

Data Processors:  

1. The Rocket Science Group LLC d/b/a MailChimp, State of Georgia, US  limited liability company
2. Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA Google Privacy Policy 
3. Facebook, Inc., 1601 Willow Road, Menlo Park, CA 94025, USA

Analytics

The services contained in this section enable the Website Operator to monitor and analyze web traffic and can be used to keep track of the Participant behavior.

Google Analytics (Google Inc.)

Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the data collected to track and examine the use of the Website/products/services, to prepare reports on its activities and share them with other Google services.

Google may use the data collected to contextualize and personalize the ads of its own advertising network.

Personal Data collected: Cookies and Usage Data.

Place of processing: US – Privacy Policy – Opt Out

• Purpose of the Personal Data Processing 

1. The Website Operator processes the Personal data for the following purposes: 

1. Operation of the Database by the Website Operator for the Participant(s) (art. 6 para 1 letter b) of the GDPR). Further legal duties arise therefrom and thus the Website Operator has to process the Personal data for this particular purpose (art. 6 para 1 letter c) of the GDPR); 
2. Marketing purposes so as the Website Operator is able to adjust its product and service offer and marketing information to the needs of the Participant and for this particular purpose it gets an unambiguous consent from the Participant. (art. 6 para 1 letter a) of the GDPR); 
3. Website Operator’s legitimate interests (art. 6 para 1 letter f) of the GDPR), which consists of the due fulfilment of its duties vis a vis the Participant(s), protection of a good reputation of the Website Operator as a web administrator and protection of its proprietary interests in case of potential litigation. 

1. SGL processes the Personal data for the following purposes:

1. a) Operation of the Actijoy mobile application for the purpose of the Database utilization by the Participants (art. 6 para 1 letter b) of the GDPR). Further legal duties arise therefrom and thus SGL has to process the Personal data for this particular purpose (art. 6 para 1 letter c) of the GDPR); 
2. b) Marketing purposes so as SGL is able to adjust its product and service offer and marketing information to the needs of the Participant and for this particular purpose it gets an unambiguous consent from the Participant. (art. 6 para 1 letter a) of the GDPR);

• Protection of Personal Data and the Privacy Notice

1. Act No. 110/2019 Coll. On Personal Data Processing, as later amended is applicable to the Participants.
2. The Participant hereby agrees and confirms that (i) at the moment the Participant accesses the Website, the Website Operator may collect the information about such use of the Website through the use of cookies and other technologies (information about language, country and pages previously visited). The cookies collected are used to a very limited extent necessary for technical purposes (website functionality) and stored for a up to 5 years in line with the international NAI standards – https://www.networkadvertising.org. This information cannot be linked to any individual. By using this Website the Participant agrees to the Website Operator’s use of cookies as described in this Cookie Notice; and (ii) at the moment the Participant completes and sends to the Website Operator his/her Personal Data, the Website Operator commences the Personal Data processing for the purposes specified in article II ad 1. above and SGL commences the Personal Data processing for the purposes in article II ad 2. above. 
3. Should the Participant fail to provide his/her Personal Data, it would be impossible to provide services related to the Database by the Website Operator and SGL and/or to provide products and/or services in accordance hereto. The Personal Data are necessary for the provision of the services/products.
4. Sharing the Personal Data with the Website Operator and SGL is in general a legal requirement. As to the Personal Data use for marketing purposes it requires the Participant’s consent. Should the Participant deny to provide his/her consent with the Personal Data processing for marketing purposes, the Website Operator and SGL hereby confirm that such rejection will not result in rejection to provide the services/products by the Website Operator and/or SGL, but only in a version available here [insert the link to Premium product].
5. The Personal Data are processed for the period of the term of the Participant being registered in the Database or for the term specified in the consent. The Participant can opt-out the marketing services by the Joint Data Controllers in a way as specified below, but then the Website Operator and SGL reserve the right to change any product into the Premium product and charge an additional fee as per the current price list.
6. In case of uploading of the Personal Data in the Database, the Personal Data will be processed and archived during following 15 years after the uploading of the Personal Data in the Database, in case of any dispute based on the purpose of the protection of the Website Operator’s and/or SGL legitimate interests. 
7. For the purpose of compliance with a legal obligation of accounting documents archiving arising from Act. No. 563/1991 Coll., On Accounting, as later amended, the Personal Data (except for an email address and phone number), the accounting documents are archived and further processed for a period of 15 years commencing in a calendar year following the year the payment being done the Participant.    
8. After the expiration of the above periods (as specified in art. 5, 6, 7) the Website Operator and SGL will destroy the Personal Data. 
9. The Participant is obliged to share only correct and truthful Personal Data.
10. The Website Operator and SGL will undertake its best efforts to protect the Personal Data against illegal Personal Data processing.
11. The Personal Data of the Participants will be handed over to the following third parties, third countries or to international organizations:
    1. The Rocket Science Group LLC d/b/a MailChimp, State of Georgia, US  limited lability company, that is used as a marketing platform, whereas the Personal Data of the Participants will be shared with this processor in accordance with their Privacy Policy Privacy Policy and Terms Terms of Use.
    2. Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA Google Privacy Policy
    3. Facebook, Inc., 1601 Willow Road, Menlo Park, CA 94025, USA Facebook Privacy Policy

 

1. The Personal Data will be processed electronically but not in an automated manner.
2. The Participant hereby confirms that he/she is aware of his/her Personal Data being stored and filed with Google LLC. The Website Operator uses a following service Google Drive, which are compliant with the European standards of the personal data protection.

• The Participant’s Rights in Relation to the Personal Data Processing

1. The Participant has the right to whenever recall his/her consent (in case the Personal Data processing occurs based on the consent) with his/her Personal Data Processing. The consent withdrawal is impossible for the processing that occurs based on legal obligations of the Website Operator and of SGL. Any Personal Data processing prior to the consent withdrawal continues to be legitimate and it is not impacted by the consent withdrawal. The consent withdrawal does not impact any other Personal Data processing that is based on a different lawful basis than the consent (in particular if the Personal Data processing is necessary for the performance of the services related to the Database, for the fulfilment of legal obligations of the Website Operator and SGLetc.) The consent can be withdrawn by the following means: sending email to the following email address: support@scanmy.name
2. In addition to the above, the Participant has the following rights:
   1. To be informed about his/her Personal Data processing 
      1. The Participant is entitled to ask either of the Joint Data Controllers for the information, if his/her Personal Data are processed. If they are processed, the Participant has the right to get the information about the identity and contact details of the Website Operator and/or SGL, its representatives or its data privacy officer, if appointed, about the purposes of the Personal Data processing, about categories of the respective Personal Data, recipients of the Personal Data and their categories, about the legitimate interests of the Website Operator and/or SGL, list of the Participant rights and about the right to lodge a complaint with the Office for Protection of the Personal Data, where the Personal Data are not collected from the Participant, any available information to their source, and about the existence of automated processing and profiling, if applicable.  
      2. If the Website Operator or SGL intend to process Personal Data of the Participant for any other purpose, than for the one they were obtained, the Website Operator will inform the Participant about such other purpose and gives other relevant information or collects a necessary consent in advance (i.e. prior to such processing).
   2. Ask the Website Operator for the access to his/her Personal Data 

The Participant is entitled to get from the Website Operator/SGL the information, if his/her Personal Data are processed. If they are processed, the Participant has the right to access to the information about the purposes of the processing, the categories of the Personal Data concerned, recipients of the Personal Data and their categories, period for which the Personal Data will be stored, the existence of the right to request from the Website Operator rectification or erasure of the Personal Data or restriction of processing of the Personal Data concerning the Participant or to object such processing, the right to lodge a complaint with the Office for Protection of the Personal Data, where the Personal Data are not collected form the Participant, any available information to their source, and the existence of automated decision-making, including profiling, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the Participant and guarantees in case of the Personal Data transfers to third countries or the international organizations. The Participant has the right to get copy of the Personal Data processed, however such sharing of the copy shall not impact in a negative way the rights and liberties of other individuals.  

1. Right to Rectification
   1. If there was any change on the Participant side, e.g. change of the place of residence, email address, telephone number, the Participant has the right to ask the Website Operator to change the processed Personal Data. In addition the Participant has the right to ask for completion of the uncomplete Personal Data, even by a provision of additional acknowledgment.  
2. Right to Erasure (“right to be forgotten”)
   1. In certain cases, the Participant has the right to ask the Website Operator and/or SGL to erase his/her Personal data. Such cases will be if the Personal Data are no longer needed for their original purpose and no new lawful purpose exists. The Website Operator erases the Personal Data after the expiration of the period of the Personal Data processing automatically, however the Participant may ask for it at any time. Such request shall be individually considered (even though the right of erasure exists, the Website Operator or SGL may have another legal duty or legitimate interest to keep the Personal Data) and the decision will be communicated to the Participant.
3. Right to Restriction of Processing
   1. The Website Operator and SGL process the Personal Data of the Participant only in the necessary extent. If the Participant was of the opinion that the Website Operator and/or SGL excessed the necessary scope of the Personal Data processing, the Participant may submit the request to restriction of processing of his/her Personal Data solely to the extent of necessary legal reasons or to his Personal Data being blocked. Such request shall be individually considered and the decision will be communicated to the Participant.
4. Lodge the Complaint at the Office for the Protection of the Personal Data.
   1. The Participant can lodge a claim or complaint about his/her Personal Data processing at the Office for the Protection of Personal Data (a supervisory authority in the Czech Republic), with its registered office at Pplk. Sochora 27, 170 00 Prague 7, web page: https://www.uoou.cz/.

1. 1. If the Participant is of the opinion that the Website Operator and/or SGL process his/her Personal Data in contradiction with the protection of private and personal interests, in contradiction with the existing legal regulations, in particular if the Personal Data are inaccurate considering their processing, he/she can:
      1. Ask the SGL for clarification via email to hi@actijoy.com;
      2. Ask the Website Operator for clarification via email to hi@scanmy.name

• Lodge a complaint against such processing via email to hi@actijoy.com or  hi@scanmy.name, so as they arrange for fixing such situation (e.g. by blocking, correcting, completion or erasure of the Personal Data). The Website Operator or SGL will decide about such a complaint as soon as possible and will inform the Participant about such a decision. If the Website Operator and/or SGL do not meet the requirements contained in the complaint, the Participant has the right to turn directly to the Office for Protection of Personal Data. This article shall not be interpreted as making it impossible for the Participant to lodge his/her complaint with the Office for Protection of Personal Data in the first instance.  

1. The Participant can exercise his/her rights in writing at the following address: 

Future Petz s.r.o., Kramoly 793/21, Střekov, 400 03 Ústí and Labem, IC: 09426426, DIC: CZ09426426, e-mail: hi@scanmy.name

Six Guys Labs, s. r. o., Slovanska 16, Pilsen, 326 00, Czech Republic or via email to  hi@actijoy.com.

1. Should the Participant ask for the information about extent and way of his/her Personal Data processing, the Website Operator or SGL shall provide such information without undue delay, but within one month after the receipt of the request at hi@scanmy.name or hi@actijoy.com or at the registered address of either of the Joint Data Controllers at the latest. 
2. Should the Participant exercise his/her right for the access to his/her Personal Data electronically, the Website Operator/SGL will share the requested information also electronically, unless the Participant asks for a different form of such information.
3. The Website Operator or SGL has the right to charge adequate administrative costs related to repeated and unjustified requests for provision of a hardcopy of the information about which Personal Data are processed. 
4. The Personal Data are subject to automated decision-making and they can be used for profiling within the marketing activities of either of Joint Data Controllers. They use the below methods: 
   1. The Participant Website activities’ analysis.
5. As a consequence of the above activities of the Website Operator, the activities of the Participant on the Website will be mapped and evaluated, which may have an impact on privacy to certain extent. However these activities allow the Website Operator to send customized offers of products and services that may be of the interest of the Participant. 

• Concluding Provisions

1. All rights and duties arising from and related to the processing of the Personal Data are governed by the Czech law, regardless from where the access thereto was made. Any dispute will be resolved by the courts in the Czech Republic.
2. The Participant provide his/her Personal Data via email, filling the electronic form through which the Participant buys the Database or opts-in for marketing campaigns at: www.scanmy.name  for the purpose of the Database use or thereby gives his/her consent with his/her Personal Data processing, whereas such consent is given by the Participant free will, on his/her own behalf and the Website Operator/SGL does not in any manner influence such consent. 
3. This Privacy Notice can be changed by the Website Operator at any time. The Website Operator will inform the Participant(s) via the Website at least 30 days in advance. 
4. This Privacy Notice becomes effective as of 10 December 2020.