Data protection

• Protection of your personal data
• A. General information on data processing
• B. Provision of the website and log files
• C. Use of cookies
• D. Customer registration
• E. Contact via email
• F. Disclosure of data to third parties
• G. Rights of the data subject

The data controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union, and other provisions relating to data protection is:

Onlinezoo e. U.
Witzelsbergergasse 20/11
1150 Wien
Austria

Legal basis for the processing of personal data
Where we obtain the data subject’s consent for the processing of personal data, Article 6(1)(a) of the EU GDPR serves as the legal basis for the processing of personal data.

Where the processing of personal data is necessary for the performance of a contract to which the data subject is a party, Article 6(1)(b) of the GDPR serves as the legal basis. This also applies to processing operations necessary for the implementation of pre-contractual measures.

Where the processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Article 6(1)(c) of the GDPR serves as the legal basis.

Where the processing of personal data is necessary to protect the vital interests of the data subject or of another natural person, Article 6(1)(d) of the GDPR serves as the legal basis.

How does Article 6(1)(f) of the GDPR serve as the legal basis for the processing if processing is necessary to safeguard a legitimate interest of our company or a third party, and the interests, fundamental rights and freedoms of the data subject do not override the former interest?

Every time you visit our website, an automated system collects data and information from us. The following data is collected in this process:

This data is stored in our system’s log files. This data is not stored together with any other personal data relating to the user.

The legal basis for the temporary storage of data and log files is Article 6(1)(f) of the GDPR.

Data is stored in log files to ensure the website functions properly. These purposes also constitute our legitimate interest in data processing pursuant to Article 6(1)(f) of the GDPR.

The data will be deleted as soon as it is no longer required for the purpose for which it was collected. In the case of data collected for the purpose of providing the website, this occurs once the relevant session has ended.

The collection of data for the purpose of providing the website and the storage of this data in log files is essential for the operation of the website. Consequently, users have no right to object.

Our website uses cookies in several places. Cookies are small text files that are stored on your computer and saved by your browser. This enables specific information relating to you, the user, to be stored on your computer whilst you are visiting our website. Cookies help us to determine the frequency of use and the number of users of a website, as well as to make the website as convenient and efficient as possible for you.

The following information is stored by cookies:

Only technically necessary cookies are stored to enable the website to function.

The legal basis for the processing of personal data using technically necessary cookies is Article 6(1)(f) of the GDPR.

The legal basis for the processing of personal data using cookies for analytical purposes is Article 6(1)(a) of the GDPR, provided the user has given their consent.

The purpose of using technically necessary cookies is to make it easier for users to use websites.

Analytical cookies are used to improve the quality of our website and its content. These purposes also constitute our legitimate interest in processing personal data in accordance with Article 6(1)(f) of the GDPR.

Cookies are stored on the user’s computer and transmitted to our website by the user. As a user, you therefore have full control over the use of cookies. You can disable or restrict the transmission of cookies by changing the settings in your web browser. Cookies that have already been stored can be deleted at any time.

You can still use our website without cookies. You can disable cookies in your browser, restrict them to specific websites, or set your browser to notify you whenever a cookie is sent. Please note, however, that in this case you may experience a limited display of the site and restricted navigation. You can only make a purchase if cookies are enabled.

If you wish to take advantage of our offers on the Onlinezoo website, you will need to register by providing your personal data. When you register as a customer, the data you enter in the relevant form will be transmitted to us.

As part of the registration process, the user’s consent to the processing of this data is obtained.

Where the user has given their consent, the legal basis for the processing of the data is Article 6(1)(a) of the GDPR. How the registration is used depends on whether it serves to fulfil a contract to which the user is a party or to take steps prior to entering into a contract. In this case, the additional legal basis for the processing of the data is Article 6(1)(b) of the GDPR.

User registration is required in order to fulfil a contract with the user or to carry out pre-contractual measures. Once you have registered, the details you have provided will be displayed the next time you log in, so you will not need to enter them again. Furthermore, the details you provide during registration will be used as your contact details when a contract is concluded.

The data will be deleted as soon as it is no longer required to fulfil the purpose for which it was collected. In the case of data collected during the registration process for the purpose of fulfilling a contract or taking pre-contractual measures, this is the case when the data is no longer required for the performance of the contract. Even after the contract has been concluded, there may still be a need to store the contractual partner’s personal data in order to comply with contractual or legal obligations.

As a user, you can cancel your registration at any time. You can have the data we hold about you amended at any time. You can edit your data by logging in as a registered user, at which point you can delete or change any information you have entered.

You can contact us via the email address provided on our website or using the contact form.

How you contact us does not matter; your surname, first name and email address will always be transmitted to us. In addition, the user’s IP address, as well as the date and time, will be stored.

Your consent to the processing of this data is obtained as part of the submission process, and reference is made to this privacy policy.

If you contact us by email, your email address and your message will be transmitted to us and stored by us.

Where the user has given their consent, the legal basis for the processing of the data is Article 6(1)(a) of the GDPR.

The legal basis for the processing of data transmitted in the course of sending an email is Article 6(1)(f) of the GDPR. How the email contact is used determines the additional legal basis for the processing: Article 6(1)(b) of the GDPR.

We process the personal data entered in the contact form solely for the purpose of responding to your enquiry. Where you contact us by email, this also constitutes the necessary legitimate interest in processing the data.

The data will be deleted once your matter has been dealt with and your enquiry has been answered, unless the enquiry has led to a contractual relationship.

Users may withdraw their consent to the processing of their personal data at any time. Consent may be withdrawn by sending an email or by contacting us by telephone or post.

In such cases, all personal data stored in connection with the initial contact will be deleted.

In order to fulfil your order, we need to pass on your name and address (consisting of your street and town) to our parcel delivery service. This is necessary so that we can deliver your order. The data passed on is limited to the absolute minimum required. Only the data necessary for the delivery of your parcel will be transmitted. Once the goods have been delivered, the data will be deleted by the parcel service provider and the carrier.

By placing your order, you consent to the data described above being transferred to our parcel service providers for the purpose of delivering the goods. With regard to your rights, the provisions set out in this and the following sections apply accordingly.

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights in relation to us (the controller):

You may request confirmation from the controller as to whether we are processing personal data relating to you.

If such processing is taking place, you may request the following information from the controller:

• the purposes for which the personal data is processed;

• the categories of personal data that are processed;

• the recipients or categories of recipients to whom your personal data has been or will be disclosed;

• the intended period for which your personal data will be stored or, if it is not possible to provide specific details, the criteria used to determine that period;

• the existence of a right to have personal data concerning you rectified or erased, a right to restrict processing by the controller, or a right to object to such processing;

• the existence of a right to lodge a complaint with a supervisory authority;

• all available information regarding the origin of the data, where the personal data has not been collected from the data subject;

• the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) of the GDPR and, at least in such cases, meaningful information about the logic involved, as well as the significance and the intended consequences of such processing for the data subject.

You have the right to request information as to whether your personal data is being transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate safeguards in accordance with Article 46 of the GDPR in relation to the transfer.

You have the right to request that the controller rectify and/or complete your personal data if the personal data being processed concerning you is inaccurate or incomplete. The controller must rectify the data without delay.

3.1 You may request that the controller erases your personal data without delay, and the controller is obliged to erase such data without delay if any of the following grounds apply:

• The personal data relating to you is no longer necessary for the purposes for which it was collected or otherwise processed.

• You withdraw your consent on which the processing was based pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR, and there is no other legal basis for the processing.

• You object to the processing in accordance with Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing in accordance with Article 21(2) of the GDPR.

• The personal data concerning you has been processed unlawfully.

• The erasure of your personal data is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.

• The personal data concerning you has been collected in connection with the information society services offered, in accordance with Article 8(1) of the GDPR.

3.2 Where the controller has made personal data concerning you public and is obliged to erase such data in accordance with Article 17(1) of the GDPR, the controller shall, taking into account the available technology and the cost of implementation, take reasonable measures, including technical measures, how to inform controllers who process the personal data that you, as the data subject, have requested the erasure of all links to such personal data or of copies or replicas of such personal data.

3.3 The right to erasure does not apply where the processing is necessary:

• to exercise the right to freedom of expression and information;

• to comply with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

• on grounds of public interest in the area of public health pursuant to Article 9(2)(h) and (i) and Article 9(3) of the GDPR;

• for archiving purposes in the public interest, scientific or historical research purposes, or for statistical purposes in accordance with Article 89(1) of the GDPR, insofar as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of such processing, or

• for the purpose of asserting, exercising or defending legal claims.

You may request the restriction of the processing of your personal data under the following circumstances:

• if you contest the accuracy of the personal data concerning you for a period that allows the controller to verify the accuracy of the personal data;

• the processing is unlawful and you object to the erasure of the personal data and instead request that the use of the personal data be restricted;

• the controller no longer needs the personal data for the purposes of the processing, but you require it for the establishment, exercise or defence of legal claims, or

• if you have objected to the processing in accordance with Article 21(1) of the GDPR and it has not yet been determined whether the controller’s legitimate grounds override your interests.

Where the processing of your personal data has been restricted, such data may, apart from storage, be processed only with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or of a Member State.

If the restriction on processing has been imposed in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.

If you have exercised your right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom your personal data has been disclosed of such rectification, erasure or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed by the controller of these recipients.

You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to whom the personal data was provided, provided that:

• the processing is based on consent pursuant to Article 6(1)(a) of the GDPR or Article 9(2)(a) of the GDPR, or on a contract pursuant to Article 6(1)(b) of the GDPR, and

• the processing is carried out using automated means.

In exercising this right, you also have the right to have your personal data transmitted directly from one controller to another, provided this is technically feasible. This must not infringe upon the rights and freedoms of others.

The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

You have the right to object at any time, on grounds relating to your very particular situation, to the processing of personal data concerning you carried out on the basis of Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions.

Following an objection, the controller shall no longer process the personal data concerning you, unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to establish, exercise or defend legal claims.

If your personal data is processed for the purposes of direct marketing, you have the right to object at any time to the processing of your personal data for the purposes of such marketing; this also applies to profiling insofar as it is related to such direct marketing.

If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

In connection with the use of information society services – notwithstanding Directive 2002/58/EC – you have the option of exercising your right to object by means of automated procedures using technical specifications.

You have the right to withdraw your consent to the processing of your personal data at any time. Withdrawing your consent does not affect the lawfulness of any processing carried out on the basis of your consent prior to its withdrawal.

You have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision:

• is necessary for the conclusion or performance of a contract between you and the controller,

• is permitted under Union or Member State law to which the controller is subject, and that law provides for appropriate safeguards to protect your rights and freedoms and your legitimate interests; or

• with your express consent.

However, these decisions must not be based on special categories of personal data as defined in Article 9(1) of the GDPR, unless Article 9(2)(a) or (g) applies and appropriate measures have been taken to safeguard your rights and freedoms as well as your legitimate interests.

With regard to the cases referred to in (a) and (c), the controller shall take appropriate measures to safeguard your rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or the place where the alleged infringement occurred, if you consider that the processing of personal data relating to you infringes the GDPR.

The supervisory authority to which the complaint has been lodged shall inform the complainant of the progress and outcome of the complaint, including the possibility of a judicial remedy under Article 78 of the GDPR.