Privacy Policy

Effective Date: May 25, 2018

Mishiko EU s.r.o., Rybné námestie 1, 811 02, Bratislava, Slovak Republic, registration number: 50 185 021 (hereinafter – “we”, “Mishiko”, or “Company”) respects your right to the protection of personal data, and takes your privacy seriously.

Mishiko approved this Privacy Policy (hereinafter referred to as the “Policy”) to inform website visitors, buyers of Mishiko device and users of Mishiko Applications (hereinafter – the “User” or “Users”) about the nature, scope and purposes of the User’s data processing.

By visiting, accessing or using Mishiko website, or placing an Order on the Website, or using Mishiko device, Software, or registering on the Application, you confirm that you have read and agree with this Privacy Policy and unconditionally accept all its terms.

Unless specifically defined, terms used throughout this Policy have the same definitions as those given in the Terms and Conditions available at the Website, and in the End User License Agreement available at Mishiko Applications (hereinafter – the “Agreements”), of which this Policy forms a part.

 

1. Introduction and scope

1.1. In this Privacy Policy Mishiko provides you with information about how we collect, store, use, process, and transfer your data, and what rights you have with respect to your personal data.

1.2. Mishiko may process some of your data when you use Mishiko device (tracker), Mishiko Applications, Software, or Mishiko website (hereinafter – the “Products”).

1.3. This Privacy Policy applies to all Mishiko Products and services. However, this Policy does not apply to websites, products or services that Mishiko does not own or control (including any third-party products or services used for logging into the Website or Applications, or that are integrated with the Products), or to individuals that Mishiko does not employ or manage.

1.4. The processing of your personal data takes place in compliance with the General Data Protection Regulation (hereinafter – the “GDPR”) and the Slovak Data Protection Act in its current form.

 

2. Data Controller

2.1. Controller. The controller for the data processing within the meaning of the GDPR is Mishiko. You can contact us via the form on the Website in the “Support” section.

2.2. Data Protection Officer. Our data protection officer within the meaning of the GDPR can be contacted under our email address or via our help center. Should you have any questions regarding the processing of your personal data, please do not hesitate to contact him/her.

 

3. Which data we may process

3.1. Mishiko may process the data or information, that the User enter on the Website, Mishiko Apps, or makes available to Mishiko in any other way, including, without limitation, through use of the Product (hereinafter – the “Data”). Mishiko may also process the personal data relating to an identifier or identifiable natural person (hereinafter – the “Personal Data”) in accordance with this Policy, GDPR and other applicable regulations.

3.2. In order to purchase/order a Mishiko device and/or to activate a Mishiko device, you will be asked provide Mishiko with the following data:

  • email address;
  • first and last name;
  • address, zip code, city, country
  • phone number (for the courier shipping the Product to you)
  • Payment information: We use payment providers to process payments. Although we do not store any payment credentials information ourselves, we store a payment ID number that is given out by the respective provider and can be allocated to a person by that payment provider.

 

3.3. In order to register on Mishiko Apps, or to activate a Mishiko device, you will be asked to provide Mishiko with the following data:

  • email address;
  • serial number of Mishiko device;
  • password;
  • Payment information: We use payment providers to process payments. Although we do not store any payment credentials information ourselves, we store a payment ID number that is given out by the respective provider and can be allocated to a person by that payment provider.

 

3.4. Certain information is optional during registration on Mishiko Apps and can also be added later on by you, such as:

  • profile picture of your pet;
  • pet related data (pet name, pet birthday, pet weight, pet breed, pet gender, etc.);
  • Geolocation of your pet;
  • Activity of your per measured in passed steps;
  • GPS position of the user’s mobile device (for showing the user position on the map);
  • User name;
  • phone number.

 

3.5.  The following data we may retrieve from external services:

  • ip address
  • country (based on the ip address).

 

3.6. The information we gather from Users enables us to improve our Products, allows our Users to set up a user account and profile that can be used to personalize their experience on Applications.

 

4. How and why Mishiko use your Data

4.1. Operating the Products. We process your Data to be able to sell and ship Mishiko devices, to provide you with the Products and services, as well as to operate the Products, including without limitation:

  • to register and authorize your account, and to verify your details;
  • to track your pet’s location and activity;
  • to log and display your pet’s physical activities;
  • to manage detailed information about your pet;
  • to show statistics about your pet;
  • to verify and confirm your payments;
  • to communicate with you on the use of the Products;
  • to respond to your requests, comments and questions and provide the support;
  • to send you information about updates, releases, or changes to our policies.

 

4.2. Customer Support. To investigate, respond to your requests, and resolve complaints and service issues, e.g. to contact you about a question you submitted to our customer service team.

4.3. Business Needs. We process your Data to manage our business needs, but only as long as your rights and interests do not outweigh ours. This includes advertisements and general marketing.

Performance. We process Data to monitor, analyse and improve the use of our Products, as well as to protect the security or integrity of the Products and their functionality.

Research and Development. We process data, including public feedback, to conduct research and development for the further improvement of our Products in order to provide you with a better, more intuitive and personalized experience, and drive membership growth and engagement in our Products.

Marketing and Advertising. We process Data to market to you by delivering (tailored) marketing materials about the Products. We also target and measure the performance of ads to the Users.

Retargeting. You might see marketing messages (ads) on different platforms (e.g. Google, Facebook, etc.). In addition, other users who have similar traits to you on those platforms could see marketing messages on those platforms as well (i.e. Facebook Lookalike audience).

4.4. Compliance and Enforcement. We process your data to comply with our obligations and to comply with all applicable laws and regulations.  We also process your data if we think it’s necessary for security purposes or to investigate possible violations of this Policy, applicable laws, and/or attempts to harm our Users.

4.5. In order to keep the Products safe, and to ensure acceptable use, we have a legitimate interest in processing the necessary data to analyze and monitor the use of the Products, and to take action against fraud and security threats.

4.6. With your consent, we may process your data for additional specific purposes. If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place.  Where we are using your information because we have a legitimate interest in doing so, you have the right to object to that use. However, in some cases, this may mean that you will no longer be eligible to use the Products.

 

5. Usage of External Services and Share of Your Data

5.1. We share information we collect about you in the ways described below and only when necessary for the performance of the Agreements, compliance with applicable laws, legal obligations, or based on our legitimate interests. We are not selling information about you to advertisers or other third parties.

5.2. Advertising and Advertising measurement partners. We may share your email, IP address and other information you provide to us in order to facilitate targeting, delivery, analysis and measurement of online advertising on third-party services, or otherwise facilitate the transmission of information that may be useful, relevant, or of interest to you.

5.3. Hosting Services. We may use third-party companies to host information or provide other infrastructure that helps with the delivery of our Products and services.

5.4. Website and App Analytics. Mishiko uses the services of Google Inc. that allow Mishiko to track and analyze technical issues and bugs that occur on the Website in Application, and help us understand how our users are using our Products.

5.5 Customer Service Software.
Mishiko uses customer service software and customer management services to help us in providing customer support by managing and answering user requests. All data sent through customer support requests, as well as language and IP-address, are being processed by customer management services only to solve customer support cases.

5.6. Webshop Fulfillment/Shipping/Tracking
For the (partially) automated handling of Mishiko online shop orders, Mishiko transmits for the shipping required data to the carrier of choice. Mishiko will transmit required information (such as name, shipping-address, email-address and phone number) solely for the purpose of the fulfillment of the order.

5.7. Payment Service Providers.
All payments to Mishiko are handled by external payment providers. Mishiko never stores any Payment Data (e.g. credit card number), but leaves this up to the carefully select payment providers who store your payment details securely in accordance with their privacy policies.

We share your email address, IP address, and other information you provide to us with payment provider companies for the purpose of fulfilling your purchase requests.

5.8. Developers of the Products. For the purpose of developing and supporting the Products, we may share your e-mail, IP-address and some other information with third-party developer companies.

5.9. Beside the services mentioned above Mishiko may uses additional services to ensure high quality of all the Products (e.g. caching services to reduce the response time of requests). It might be the case that the Data is transmitted to those services. Mishiko pares the transfer of this data down to the minimum which is required for using the services. The external services process the data on behalf of Mishiko and do not use the data for their own benefit.

5.10. Mishiko may share your data as part of our company’s sale, merger or change in control, or in preparation for any of these events. Any entity that buys us, or part of our business, will have the right to continue using your data, but only in the manner set out in this Policy, unless you agree otherwise.

5.11. We also may share with third parties, anonymous or aggregated information, or other data that does not directly identify you, for instance to show trends about use of the Products.

5.12. Please note that you post publicly available information at your own risk. We are not liable for any information that you voluntarily choose to be public through such and/or other explicit actions.

5.13. Links to third-party services: Products may include links that direct you to other websites or services whose privacy practices may differ from ours. If you submit information to any of those third-party sites, your information is governed by their privacy policies, not this one. We encourage you to carefully read the privacy policy of any website you visit.

 

6. Cookies and Usage Data

6.1. Your browser or a mobile device may transfer certain information about the details of visits to the Website or Applications, including:

  • information about traffic, log-files, user activity information;
  • IP-address and mobile device identifiers (such as your device ID, advertising ID, MAC address, Android ID, IMEI);
  • location data;
  • browser and device information, operating system.

 

6.2. Cookies
In order to the Products function properly, we may use Cookies. Cookies are small record-keeping text files that are automatically placed and stored on your computer or mobile device in order to associate and recognize a browser and activity with the User (“Cookies”). We use cookies to enhance User’s experiences, to improve quality the Products and to make them more user- friendly and effective. Cookies do not typically include names and/or email addresses and/or other Personal data. In fact, they typically contain anonymous information that is required for the better functionality of the products and services. Below you see a more elaborate overview of the types of cookies we are using and why.

6.3. There are different types of cookies with different uses. The most important cookies are the required cookies. They are essential and help you to navigate on the website and to use basic features and functionality. These cookies are stored for the duration of your browsing session.

Cookies are stored on your computer or device through which you use the Products have the following functions without limitation:

Authentification. If you placed an Order on the Website, or signed in to our Website, Applications or services, cookies help us show you the information, personalize your experience

Security. We use cookies to enable and support our security features.

Geolocation cookies. They allow us to know the User’s location in order to ensure proper operation of the Products, provide certain services and personalise the User experience

Preferences and Interactions. Cookies can tell us which language you prefer and what your communications and buying preferences are. They can help you fill out an order forms on our Website and Applications more easily. They also provide you with features, insights, and customized content.

Advertising, marketing and social media cookies. We may use cookies to help us deliver marketing campaigns and track their performance. Similarly, our partners may use cookies to provide us with information about your interactions with their services. Social media cookies capture your preferences in order to show you relevant ads outside our Website, to interact and express your opinion on social media.

However, use of those third-party cookies would be subject to the service provider’s policies.

Functionality and analytics cookies are there so we can give you an even smoother customer experience (e.g. these cookies enable you to save your shopping bag, choose your currency, keep your session ID, etc.). These cookies allow us to analyse website usage so we can measure and improve performance. These cookies may be placed by us or a third party on our behalf (see our cookie opt-out tool) and are stored for the duration of your browsing session.

Performance, Analytics and Research. Cookies help us learn how well Website and Products operate. We also use cookies to understand, improve, and research products, features, and services, including to create logs and record when you access our Website from different devices, such as your work computer or your mobile device.

6.4. Cookies set by Mishiko are called “first party cookies”. Cookies set by parties other than us are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third party cookies can recognise your computer or mobile both when it visits the website in question and also when it visits certain other websites. We use first party and third party cookies for several reasons.

6.5. We may use third-party analytics providers, including but not limited to, Google Analytics, Google AdWords (Google, Inc) and Yandex.Metrica (Yandex, LLC). These analytics providers use analytics and marketing Cookies on the Website. The information generated by Cookies about your use of the Website, may be transmitted to and stored by analytics providers servers, which may also be located outside of the European Economic Area. Analytics providers will use this information on our behalf for the purpose of evaluating your use of the Website and Products, or compiling reports on website activity. The terms of cookies storage by a third-party shall be established by the respective third party.

6.6. Ads appearing on the Website may be delivered to users by our advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer or other device each time they send you an online advertisement , including targeted. This Privacy Policy covers the use of cookies by Mishiko and does not cover the use of cookies by any advertisers.

6.7. You can control and/or delete cookies as you wish by changing your browser settings.

You can delete all cookies that are already on your computer or device, and/or you can set most browsers for turning off the cookie feature to prevent them from accepting new cookies on your computer or device without your explicit consent.

If you do this, however, you may have to manually adjust some preferences every time you visit a site, and some services and functionalities may not work. In this connection, we recommend that you leave the cookies activated, however, because cookies enable you to take advantage of some of our Website’s most attractive features.

 

7. Newsletters and Push-notifications

7.1. Mishiko may communicate with you if you’ve provided us the means to do so.

7.2. Mishiko may send You newsletters, order confirmation emails, email confirmations of registration, email responses to your request, or in other cases.

7.3. Users can at any time opt out of receiving further e-mails by following the included instructions contained therein to unsubscribe. If you do not wish to receive email or other mail from us, you also can change your account settings or contact us via the form on the Website in the “Support” section.

By unsubscribing, Mishiko will not send any additional emails and will not have access to statistical analysis. Please note that if you do not want to receive legal notices from us, such as this Policy, those legal notices will still govern your use of the Website, and you are responsible for reviewing such legal notices frequently for changes.

7.4. Push-Notifications. Mishiko will also send you (based on you allowing this through the apps) push notifications through Mishiko Apps. Notifications will be related to your pet, the Products, Mishiko Apps usage and/or information about new Mishiko products, services or special offers. You can disable push notifications for individual apps in your phone settings or uninstall the app to discontinue receiving push notifications.

 

8. Transfer of Data

8.1. Data of Users are an integral part of our business. We neither rent nor sell your Personal data to anyone. We transfer your Personal data only as described below.

8.2. We may transfer Data to third parties only, if this is necessary for the Purposes, due to a request from a national authority, due to a court ruling, required by law, necessary to investigate and defend ourselves against any third-party claims or allegations, exercise or protect the rights and safety of Mishiko, our members, personnel, or others, or if you have consented beforehand. We attempt to notify you about legal demands for your personal data, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

8.3. Service Providers and other third party services. We may transfer your information to others, who help us to provide and improve our Products (e.g. maintenance, analysis, audit, payments, fraud detection, marketing and development). Service providers will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.

8.4. Certain user profile information and data about your use of the Products, including without limitation, user name, your pet’s name (and breed, gender, and other information you have provided), activity goals, other users with whom you’re connected, your location, and any video or image or other data and content that has been uploaded to the Website or Mishiko Apps, may be displayed to other users to facilitate user interaction within the Website, Mishiko Apps or address your request for the Products. Some such data and information (including without limitation, your first name, your pet’s name and profile information, activity goals and milestones (e.g. streaks), “friends” and their dogs, activity comparisons with your friends, and uploaded posts and content) may be displayed publicly to other users of the Website or Mishiko Apps by default; your account privacy settings allow you to control whether your account appears publicly in searches by other users. Please remember that any content you upload to your public user profile, or do not specify as non-public through the functionality of the Website or Mishiko Apps, along with any Personal Data or content that you voluntarily disclose online in a manner other users can view (in social media posts, on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others. Your user name and any other information you choose to include may also be displayed to other users if and when you send messages or comments or upload images or videos through Mishiko Apps and other users can contact you through messages and comments. Additionally, if you sign into Mishiko Apps through a third party social networking site or service, your list of “friends” from that site or service may be automatically imported to Mishiko Apps, and such “friends,” if they are also registered users of Mishiko Apps, may be able to access certain non-public information you have entered in your Apps user profile. Again, we do not control the policies and practices of any other third party site or service.

8.5. In some cases, we may buy, sell or license assets. You acknowledge that any acquirer of Company or its assets may continue to use your Personal Data as set forth in this Policy.

8.6. Our Products are global by nature and your data can therefore be transferred to anywhere in the world. We transfer, process and store your information outside of your country of residence, to wherever we or our third-party service providers operate for the purpose of providing you the Products or services.  Whenever we transfer your information, we take steps to protect it.

8.6.1. International transfers within the Subsidiary or Affiliate Companies. To facilitate our global operations, we transfer information to Russia and allow access to that information from countries in which our owned or operated companies have operations for the purposes described in this Policy. These countries may not have privacy and data protection laws equivalent to the laws of many of the countries where our users are based. When we share information about you within and among corporate affiliates, we make use of standard contractual data protection clauses that have been approved by the European Commission.

8.6.2. International transfers to third-parties. Some of the third parties described in this privacy policy that provide services to us under contract, are based in other countries that may not have privacy and data protection laws equivalent to those of the country in which you reside. When we share the information of customers in the European Economic Area, we make use of the EU-U.S. Privacy Shield Frameworks, European Commission-approved standard contractual data protection clauses, or other appropriate legal mechanisms to safeguard the transfer. We will provide you with a copy of the standard data protection clauses upon your request.

8.7. Except as set forth above, you will be notified via email when your Personal Data may be shared with third parties, and will be able to prevent the sharing of this information.

 

9. How long we store Data

9.1. We store your Data as long as you are a registered user of the Products and your account is active. Beyond that, we only store Data, if it is legally necessary (because of warranty, limitation or retention periods) or otherwise required.

9.2. If you decide to delete your account, all personal data we have about you will be deleted with the following exceptions:

  • Any details made public by you (e.g., shared routes)
  • Any Data required for Company’s performance of contractual and legal obligations or compliance with statutory retention obligations, shall not be deleted but minimized to the necessary extent;\
  • A deletion request does not affect data, if the storage is legally necessary, for example for accounting purposes.

 

9.3. If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services.  We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date when such information was created.

 

10. Rights of Users

10.1. You have certain rights available to you when it comes to your information. Below is a summary of those rights, how to exercise them, and any limitations.

10.2. Revocation (withdraw) of Consent. You can revoke the consent for future data processing where processing of your personal data is based on consent, by contacting us as explained in the section “Contact us”. However, this does not affect the lawfulness of Data processing based on your consent before the revocation (withdrawal).

10.3. Right of Access. You have the right to obtain (i) confirmation as to whether or not your Data is being processed by us and, if so, (ii) more specific information on the Data, including a copy of your personal data in a structured, electronic format.

In particular, Mishiko allows you to access the following information about you for the purpose of viewing, and in certain situations, updating or deleting that information. This list will change as the Products change.

  • Account and user profile information (including pet’s profile information), including images and other data and information you have uploaded to Mishiko Apps;
  • User e-mail address;
  • Location;
  • Username and password;
  • User preferences.

 

If you have any questions about viewing or updating information we have on file about you, please contact us via the form on the Website in the “Support” section.

10.4. Right to Change or Correct Your Data (Right to Rectification). You can add or edit some of your personal data (such as your email address) through your account. You can also ask us to change, update or fix your data in certain cases, particularly if it’s inaccurate.

10.5. Right to Erasure. Should you decide, you do not want us to process your data any further, you can ask us to erase or delete all or some of your personal data, contacting us via the form on the Website in the “Support” section. We’ll delete your account and erase your data. As a result of deleting your Account, you will lose access to the Products. Should mandatory provisions of law prevent such erasure, we will inform you.

10.6. Right to Data Portability. You have the right to (i) obtain some of your Data in a format that you can move from one service provider to another (for instance, when you transfer your email address to another carrier).  Depending on the context, this applies to some, but not to all of your data.

10.7. Right to Object. You have the right to object at any time to the processing of Data for which our legitimate interests are the legal basis, including profiling based on those provisions. If you object, we will no longer process your Personal Data unless there are compelling and prevailing legitimate grounds for the processing, or the data is necessary for the establishment, exercise or defence of legal claims. You can also opt-out of our use of your information for marketing purposes by contacting us, as explained in the section contacting us via the form on the Website in the “Support” section. When you make such requests, we may need time to investigate and facilitate your request. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Products.

10.8. Right to Lodge a Complaint. You have the right to lodge a complaint with a supervisory authority (in the Slovak Republic: Office for Personal Data Protection of the Slovak Republic), if you think that the processing of Data infringes applicable law, especially the GDPR.

10.9. To exercise the above rights defined in this Section, please send a request via the form on the Website in the “Support” section.

10.10. We are obliged to respond to your requests without undue delay. In most instances, we will respond within one calendar week. If we are unable to deal with your request fully within a calendar week (due to the complexity or number of requests), we may extend this period by a further two calendar weeks. Should this be necessary, we will explain the reasons for such a delay. If you make your request electronically, we will, where possible, provide the relevant information electronically unless you request otherwise

10.11. Your requests and rights may be limited in certain cases, such as when fulfilling your request would reveal information about another person, or if you ask to delete information which we are permitted by law or have compelling legitimate interests to keep.

 

11. Security Safeguards

11.1. To avoid unauthorized access to Data and generally secure the Data, we are continuously developing and implementing administrative, technical and safety measures to protect your data from unauthorized access or against loss, misuse or alteration.

11.2. Your personal data are protected by a password for your privacy and security. You need to ensure that there is no unauthorized access to your account and Personal data by selecting and protecting your password appropriately and limiting access to your computer (or other device) and browser by signing off after you have finished accessing your account.

11.2. Company endeavors to protect user information to ensure that user account information is kept private; however, Company cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

11.3. The Website contains links to other sites. Company is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site. This Privacy Policy only governs information collected on the Website and through use of the Product and Service.

 

12. Further important information

12.1.  Data protection laws regulate, that we are only allowed to collect and process your Data, if we have lawful bases for processing. The lawfulness of processing stems from:

  • your consent in such cases where you have given consent;
  • the necessity for the fulfillment of your user contract, e.g. where Data is needed for a satisfactory use of the Product; or
  • legitimate interests pursued by Mishiko or a third party.

 

Our legitimate interests include protecting Users, Mishiko, or others from security threats or fraud, complying with all applicable laws, managing and improving our business (e.g. customer service, reporting) including possible corporate transactions, enabling users to share their and connect via pet experiences, and express all pet related opinions.

12.2. Pictures. By uploading pictures, you confirm that other persons depicted in the pictures consent to the upload of the respective picture.

12.3. Users under the age of 16 are not allowed to transmit any personally identifying information to Mishiko, without the consent of their legal guardian.

 

13. Changes to the Privacy Policy

13.1. Mishiko may amend this Privacy Policy from time to time.

13.2. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. We will post any Privacy Policy changes on this page and, if the changes are significant, we will notify you by posting an announcement on our Website and/or sending you an email. Users are bound by any changes to the Privacy Policy when he or she uses the Website after such changes have been first posted.

13.3. We encourage you to review our privacy policy whenever you use the Products to stay informed about our information practices and the ways you can help protect your privacy. If you object to any changes, you may close your account. You acknowledge that your continued use of our Products after we publish or send a notice about our changes to this Privacy Policy means that the collection, use and sharing of your personal data is subject to the updated Privacy Policy.

13.4. This privacy policy was last modified on 25.05.2018.

 

14. Questions or concerns

If you have any questions or concerns regarding privacy on our Website, please send us a detailed message via the form on the Website in the “Support” section, or at the following address: Mishiko EU s.r.o., Rybné námestie 1, 811 02, Bratislava, Slovak Republic. We will make every commercially reasonable good faith effort to resolve your concerns.