Data protection declaration according to the GDPR

I. Name and address of the person responsible

The person responsible within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:

Smart Industries GmbH
Augustenstr. 43,
80333 Munich
Germany

Phone: +49 89 622 41 509
E-Mail: info@zoolo.io
Website: https://zoolo.io

Register court: München
HRB number: HRB 233336
VAT identification number: DE312531593
Management: Vincent Binder, Julius Betzler

II. General information on data processing

1. Scope of the processing of personal data

In principle, we only process personal data of our users insofar as this is necessary to provide a functional website and our content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies in those cases in which prior consent cannot be obtained for practical reasons and the processing of the data is permitted by law.

2. Legal basis for the processing of personal data

Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 Para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis. When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Article 6 (1) lit. b GDPR as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures. Insofar as the processing of personal data is required to fulfill a legal obligation to which our company is subject, Art. 6 Para. 1 lit. c GDPR as the legal basis. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR as the legal basis. If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Article 6 (1) lit. f GDPR as the legal basis for processing.

3. Data deletion and storage duration

The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage no longer applies. Storage can also take place if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data in order to conclude or fulfill a contract.

III. Provision of the website and creation of log files

1. Description and scope of data processing

Every time our website is accessed, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected:

  1. Information about the browser type and the version used
  2. The user's operating system
  3. Date and time of access

The data is also stored in the log files of our system. This does not affect the user's IP addresses or other data that enable the data to be assigned to a user. This data is not stored together with other personal data of the user.

2. Legal basis for data processing

The legal basis for the temporary storage of the data is Art. 6 Para. 1 lit. f GDPR.

3. Purpose of data processing

The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. To do this, the user's IP address must be saved for the duration of the session.
Our legitimate interest in data processing in accordance with Art. 6 Paragraph 1 lit. f GDPR.

4. Duration of storage

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.

5. Opposition and removal option

The collection of the data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no possibility of objection on the part of the user.

IV. Use of cookies

a) Description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user's computer system. When a user calls up a website, a cookie can be stored on the user's operating system. This cookie contains a characteristic string that enables the browser to be clearly identified when the website is accessed again.

We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can also be identified after changing pages.

The following data is stored and transmitted in the cookies:

  • Randomly generated ID to identify your session ("language settings")
  • The status of whether you have read our information about cookies

We also use cookies on our website to improve the quality of our website usage.
In this way, the following data can be transmitted:

  • Randomly generated ID to identify your session ("log information")
  • The status of whether you have read our information about cookies
  • IDs of our live chat plugin ("drift"). This can restore your chat history if you reload your side window.

When you visit our website, the user is informed about the use of cookies for analysis purposes and his consent to the processing of the personal data used in this context is obtained. In this context, there is also a reference to this data protection declaration.

b) Legal basis for data processing

The legal basis for the processing of personal data using cookies is Art. 6 Para. 1 lit. f GDPR.

c) Purpose of data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For this it is necessary that the browser is recognized even after changing pages.

We need cookies for the following applications:

  • Acceptance of language settings

Cookies are used for the chat application for the purpose of maintaining your contact with us. If the connection is broken, for example by reloading the browser window, your conversation with us can be restored.

Our legitimate interest in processing personal data in accordance with Art. 6 Paragraph 1 lit. f GDPR.

d) Duration of storage, possibility of objection and removal

Cookies are stored on the user's computer and transmitted from there to our site. As a user, you therefore have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it is possible that not all functions of the website can be used in full.

V. Contact form and email contact

1. Description and scope of data processing

A contact form is available on our website that can be used to contact us electronically. If a user makes use of this option, the data entered in the input mask will be transmitted to us and saved. These dates are:

  1. Desired modules
  2. Your name
  3. Your email address (required)
  4. The name of your project
  5. An additional description of your project

At the time the message is sent, the following data is also stored:
  1. Time and date of contact, selected modules, contact details

For the processing of the data, your consent is obtained during the sending process and reference is made to this data protection declaration.
Alternatively, you can contact us using the email address provided. In this case, the user's personal data transmitted with the email will be saved.
In this context, the data will not be passed on to third parties. The data will only be used to process the conversation.

2. Legal basis for data processing

The legal basis for the processing of the data is Art. 6 Para. 1 lit. a GDPR.
The legal basis for the processing of the data that is transmitted in the course of sending an email is Art. 6 Para. 1 lit. f GDPR. If the aim of the email contact is to conclude a contract, the additional legal basis for the processing is Art. 6 Para. 1 lit. b GDPR.

3. Purpose of data processing

The processing of the personal data from the input mask serves us only to process the contact. If you contact us by e-mail, there is also the necessary legitimate interest in processing the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. Duration of storage

The data will be deleted as soon as they are no longer required to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those that were sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been finally clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5. Opposition and removal option

The user has the option at any time to revoke their consent to the processing of personal data. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued.
The revocation of consent and the objection to the storage of personal data enables the following means:

  • By email (info@zoolo.io)
  • By phone (+49 89/622 41 509)
  • By post: Smart Industries GmbH, Augustenstr. 43, 80333 Munich, Germany

In this case, all personal data stored in the course of contacting us will be deleted.

VI. Web analysis by Google Analytics

This website uses Google Analytics, a web analysis service from Google Inc, (1600 Amphitheater Parkway Mountain View, CA 94043, USA; "Google"). Use includes the "Universal Analytics" operating mode. This makes it possible to assign data, sessions and interactions across multiple devices to a pseudonymous user ID and thus to analyze the activities of a user across devices.

1. Purpose of data collection

Google Analytics uses "cookies" (for cookies see above), text files that are stored on your computer and that enable your use of the website to be analyzed. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there.
If IP anonymization ("anonymizeIp") is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address is only transmitted to a Google server in the USA and shortened there in exceptional cases. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage. Our legitimate interest in data processing also lies in these purposes.

2. Legal basis for the processing of personal data

The legal basis for the use of Google Analytics is Section 15 (3) TMG or Article 6 (1) lit. f GDPR.

3. Duration of storage

The data sent by us and linked to cookies, user IDs (e.g. user ID) or advertising IDs are automatically deleted after 14 months. The deletion of data whose retention period has expired takes place automatically once a month. You can find more information on terms of use and data protection at https://www.google.com/analytics/terms.html or under https://policies.google.com/?hl=en .

4. Opposition and removal option

You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by clicking the Download and install browser add-on .

VII. Webchat via Drift (Chat Plugin)

This website uses the "Drift" chat plug-in, a service provided by Drift.com, Inc, (3 Copley Place, Suite 7000, Boston, MA 02116, USA). This makes it possible to communicate directly with website visitors.

1. Purpose of the data collection

Drift uses "cookies" (for cookies see above), text files that are saved on your computer and that enable your use of the website to be analyzed. The information generated by the cookie about your use of this website is usually transmitted to a Drift server in the USA and stored there.
The full IP address is only transmitted to a Drift server in the USA by the website visitor after a call has been actively initiated and only for the duration of this call. In addition, if provided, your email address and your conversation with us will be stored for the duration of the conversation. Our legitimate interest in data processing also lies in these purposes.

2. Legal basis for the processing of personal data

The legal basis for the use of drift is § 15 Abs. 3 TMG or Art. 6 Abs. 1 lit. f GDPR.

3. Duration of storage

The saved conversation history, your email address (if specified) and your IP address are automatically deleted after the conversation is over. You can find more information on terms of use and data protection at https://www.drift.com/terms-of-service/ or at https://www.drift.com/privacy-policy/ .

4. Opposition and removal option

The user has the option at any time to revoke their consent to the processing of personal data. If the user contacts us by email, they can object to the storage of their personal data at any time. In such a case, any conversation that may have started will be prematurely deleted and cannot be continued.
The revocation of consent and the objection to the storage of personal data enables the following means:

  • By email (info@zoolo.io)
  • By phone (+49 89/622 41 509)
  • By post: Smart Industries GmbH, Augustenstr. 43, 80333 Munich, Germany

In this case, all personal data stored in the course of contacting us will be deleted.

IIX. Rights of the data subject

If your personal data is processed, you are the person concerned within the meaning of the GDPR and you have the following rights vis-à-vis the person responsible:

1. Right to information

You can request confirmation from the person responsible as to whether personal data relating to you is being processed by us.

If such processing is available, you can request the following information from the person responsible:

  1. the purposes for which the personal data are processed;
  2. the categories of personal data that are processed;
  3. the recipients or the categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
  4. the planned duration of the storage of your personal data or, if specific information on this is not possible, criteria for determining the storage duration;
  5. the existence of a right to correction or deletion of your personal data, a right to restrict processing by the person responsible or a right to object to this processing;
  6. the existence of a right of appeal to a supervisory authority;
  7. all available information on the origin of the data if the personal data are not collected from the data subject;
  8. the existence of automated decision-making including profiling in accordance with Art. 22 Para. 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

You have the right to request information about whether your personal data is being transmitted to a third country or to an international organization. In this context, you can request to be informed about the appropriate guarantees in accordance with. Art. 46 GDPR to be informed in connection with the transfer.

2. Right to rectification

You have a right to correction and / or completion vis-à-vis the person responsible, provided that the processed personal data concerning you is incorrect or incomplete. The person responsible must make the correction immediately.

3. Right to restriction of processing

You can request the restriction of the processing of your personal data under the following conditions:

  1. if you dispute the correctness of the personal data concerning you for a period of time that enables the person responsible to check the correctness of the personal data;
  2. the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
  3. the person responsible no longer needs the personal data for processing purposes, but you need them to assert, exercise or defend legal claims, or
  4. if you have lodged an objection to the processing in accordance with Art. 21 Paragraph 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.

If the processing of your personal data has been restricted, this data - apart from its storage - may only be used with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest processed by the Union or a Member State.
Has the processing been restricted according to the o.g. Restricted requirements, you will be informed by the person responsible before the restriction is lifted.

4. Right to deletion

a) Obligation to delete
You can request the person responsible to delete the personal data concerning you immediately, and the person responsible is obliged to delete this data immediately if one of the following reasons applies:

  1. The personal data relating to you are no longer necessary for the purposes for which they were collected or otherwise processed.
  2. You revoke your consent on which the processing was based according to. Art. 6 para. 1 lit. a or Art. 9 Para. 2 lit. a GDPR, and there is no other legal basis for the processing.
  3. According to 21 para. 1 GDPR objection to the processing and there are no overriding legitimate reasons for the processing, or you object acc. Art. 21 para. 2 GDPR objection to the processing.
  4. The personal data concerning you have been processed unlawfully.
  5. The deletion of your personal data is required to fulfill a legal obligation under Union law or the law of the member states to which the person responsible is subject.
  6. The personal data relating to you was collected in relation to the information society services offered in accordance with Art. 8 Para. 1 GDPR.

b) Information to third parties
If the person responsible has made the personal data concerning you public and is acc. Art. 17 (1) GDPR is obliged to delete them, taking into account the available technology and the implementation costs, he shall take appropriate measures, including technical measures, to inform those responsible for data processing who process the personal data that you are the data subject Person have requested that you delete all links to this personal data or copies or replications of this personal data.

c) Exceptions
The right to deletion does not exist if processing is necessary

  1. to exercise the right to freedom of expression and information;
  2. to fulfill a legal obligation that requires processing under the law of the Union or of the member states to which the person responsible is subject, or to perform a task that is in the public interest or in the exercise of official authority that has been transferred to the person responsible;
  3. for reasons of public interest in the area of public health in accordance with Art. 9 Para. 2 lit. h and i as well as Art. 9 Para. 3 GDPR;
  4. for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes acc. Art. 89 para. 1 GDPR, insofar as the right mentioned under section a) is likely to make the realization of the objectives of this processing impossible or seriously impair it, or
  5. for the establishment, exercise or defense of legal claims.

5. Right to be informed

If you have asserted the right to correction, deletion or restriction of processing against the person responsible, the person responsible is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this turns out to be impossible or involves a disproportionate effort.
You have the right to be informed about these recipients by the person responsible.

6. Right to data portability

You have the right to receive the personal data concerning you, which you have provided to the person responsible, in a structured, common and machine-readable format. You also have the right to transfer this data to another person responsible without hindrance from the person responsible to whom the personal data was provided, provided that

  1. the processing on a consent acc. Art. 6 para. 1 lit. a GDPR or Art. 9 Para. 2 lit. a GDPR or on a contract according to. Art. 6 para. 1 lit. b GDPR is based and
  2. the processing is carried out using automated procedures.

In exercising this right, you also have the right to have your personal data transmitted directly from one person responsible to another, insofar as this is technically feasible. This must not impair the freedoms and rights of other people.
The right to data portability does not apply to the processing of personal data that is necessary for the performance of a task that is in the public interest or takes place in the exercise of official authority that has been transferred to the person responsible.

7. Right of objection

You have the right, for reasons that arise from your particular situation, to object at any time to the processing of your personal data, which is based on Art. 6 Paragraph 1 lit. e or f DSGVO takes place to object; this also applies to profiling based on these provisions.
The person responsible will no longer process the personal data concerning you unless he can prove compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you are processed in order to operate direct mail, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
Regardless of Directive 2002/58/EC, you have the option, in connection with the use of information society services, to exercise your right of objection by means of automated processes that use technical specifications.

8. Right to revoke the data protection declaration of consent

You have the right to withdraw your declaration of consent under data protection law at any time. Revoking your consent does not affect the legality of the processing carried out on the basis of your consent up to the point of revocation.

9. Automated decision in individual cases including profiling

You have the right not to be subject to a decision based solely on automated processing - including profiling - which has legal effects on you or which significantly affects you in a similar manner. This does not apply if the decision

  1. is necessary for the conclusion or performance of a contract between you and the person responsible,
  2. is permitted on the basis of Union or Member State legislation to which the person responsible is subject and this legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
  3. takes place with your express consent.

However, these decisions may not be based on special categories of personal data according to Art. 9 Para. 1 GDPR, unless Art. 9 Para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
With regard to the cases mentioned in (1) and (3), the person responsible shall take appropriate measures to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain intervention by a person on the part of the person responsible, to express their own point of view and heard on contesting the decision.

10. Right to complain to a supervisory authority

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 place of residence, your place of work or the place of the alleged infringement, if you are of the opinion that the processing of your personal data is against violates the GDPR.
The supervisory authority to which the complaint was submitted informs the complainant about the status and the results of the complaint, including the possibility of a judicial remedy according to Art. 78 GDPR.

As of September 2, 2020