Pawshake - Privacy & Cookies policy
Last Updated: May 16, 2018
Pawshake is a platform that helps Pet Owners to find a trusted Pet Sitter in their community (the “Platform”). The Platform is being managed by Pawshake, Inc. with its headquarter at 161 N Castanya Way, Portola Valley, CA 94028, United States of America (“Pawshake”).
1. GENERAL INFORMATION
The declaration above includes information about the type of personal data collected by Pawshake via the Platform, as well as the manner in which Pawshake uses and processes this data.
Pawshake takes responsibility for the processing of the User’s Personal Data as the Processor and the Controller. Taking into account the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, Pawshake declares to implement appropriate technical and organizational measures for ensuring that, by default, only the Personal Data which are necessary for each specific purpose of the processing are processed and to be able to demonstrate that such processing is performed in accordance with the GDRP.
refers to a set of resources and rights within a given computer system assigned to you as the User for the purpose of accessing and/or using the Platform.
refers to an entity (here Pawshake) which determines the purposes and means of the processing of the Personal Data.
refers to the Regulation 2016/679 of The European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
refers to an American online social media and social networking service company (Facebook, Inc.) based in Menlo Park, California.
refers to any person entering the Platform without creating an Account.
refers to Pawshake, Inc. with its headquarter in at 161 N Castanya Way, Portola Valley, CA 94028, United States of America
refers to all data mentioned in the section Collection Of Personal Data by Pawshake).
refers to a User who owns a pet.
refers to a platform that helps Pet Owners to find a trusted Pet Sitter in their community.
refers to this document concerning provisions related to Privacy and Cookies Policy.
refers to your rights concerning your Personal Data.
refers to an entity (here Pawshake) which processes the Personal Data on behalf of the Controller.
refers to a person acting as a Pet Owner or a Pet Sitter who accesses and uses the Platform via the User’s Account.
refers to any content and information posted, uploaded, published, linked to, transmitted, recorded, displayed or otherwise made available on the Platform and/or transmitted by a User to other Users, including text messages, chats, videos, photographs and others whether it is publicly or privately transmitted.
Unless it is clear from the context, expressions in the singular form shall include the plural form and vice versa.
All references to legal provisions refer to the content of the applicable law (including all amendments, supplements and amendments adopted at that time).
3. COLLECTION OF PERSONAL DATA BY PAWSHAKE
3.1 Information Pawshake collects
IP address of the User’s device
3.2 Information the User gives to Pawshake
a. Information that is necessary for the use of the Platform:
- Account Information - being the User’s first and last name, email address and address;
- Profile and Listing Information (needed for booking and creating a listing) – the User’s address, phone number and a profile picture.
- Identity Verification Information (helps to create and maintain a trusted environment) – images of the User’s government issued ID and/or passport, national ID card, driving license as permitted by applicable laws or other authentication information;
- Payment Information (needed for booking and creating a listing to facilitate the processing of payments): the User’s bank account or credit card information. For this Pawshake uses a third party payment provider. As such the Payment Information is not visible for Pawshake;
- Communications with Pawshake and other Members – information about the User’s communication (such as history of correspondence) and any information the User chooses to provide.
b. Information the User chooses to give:
The User may choose, but the User is not obliged, to provide Pawshake with additional personal information in order to obtain a better User’s experience when using the Platform.
- Additional Profile Information (some of this information as indicated in the Account settings is a part of the User’s public profile page and it is publicly visible to others) – city where the User is from, personal description;
- Other Information – information provided when filling in a form, conducting a search, updating or adding information to the User’s Account, responding to survey, posting to community forums, participating in promotions or using other features of the Platform,
- Payment Information – the User’s bank account or credit card information in order to process payments and comply with applicable law when the User makes a booking or accepts a booking;
- Identity Verification and Other Information – images of the User’s government issued ID and/or passport, national ID card, driving license as permitted by applicable laws or other authentication information, the User’s date of birth, the User’s address, the User’s email address, the User’s phone number and other information in order to verify the User’s identity by Pawshake’s payment partners.
3.3 Information automatically collected by Pawshake
a. Information about the services used by the User and the way of using them by the User (necessary for providing adequate performance of the contract between the User and Pawshake, enabling Pawshake to comply with legal obligations and given Pawshake’s legitimate interest in being able to provide and improve the functionalities of the Platform;
b. Geo-location Information – IP address of the User’s device or mobile device’s GPS (to offer an improved User’s experience) - most mobile devices allow the User to control or disable the use of location services for applications in the device’s settings menu. Pawshake may also collect this information even when the User is not using the Platform if this connection is enabled through the settings or device permissions;
c. Usage Information – information about the User’s interaction with the Platform such as the pages or content the User views, the User’s searches for listings, bookings the User have made and other actions on the Platform;
d. Log Data and Device Information - log data and device information such as details about how a person has used the Platform, IP address of the used device, browser type or the webpage software information a person has visited before coming to the Platform, access dates and times, hardware and software information, device event information, unique identifiers and Cookies data (collected when a person accesses and uses the Platform even without creating an Account or log in) – this information is used to verify that visitors of the Platform meet the criteria required to process their requests
f. Payment Transaction Information – information about the payment instrument used by the User for payment transactions through the Platform, date and time of the transaction, payment amount, payment instrument expiration date and billing postcode, the User’s PayPal email address, the User’s IBAN information, the User’s address and other details related to the transaction.
3.4 Information that Pawshake collects from third parties
Pawshake does not control, supervise or respond or how the third parties process the User’s Personal Data and any information request regarding the disclosure of such data to Pawshake shall be directed to such third parties.
a. Third Party Services (applies to a situation when the User links, connects or logs into his/her Account with a third party service as i.e. Facebook) – the User’s profile information from the third party’s service;
b. The User’s References – in case if somebody has written a review for a User, the review will be published on the User’s public profile page on the Platform;
c. Background Information - to the extent permitted by applicable laws and with the User’s consent where required, Pawshake may obtain the local version of police, background or registered sex offender checks. Pawshake may use the User’s information to obtain such reports;
d. Other Sources – to the extent permitted by applicable law, Pawshake may receive additional information about the User, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information Pawshake has about the User. For example, Pawshake may receive background check results (with the User’s consent where required) or fraud warnings from service providers like identity verification services for Pawshake’s fraud prevention and risk assessment efforts. Pawshake may receive information about the User and his/her activities on and off the Platform through partnerships, or about the User’s experiences and interactions from Pawshake’s partner ad networks.
The Personal Data are provided to Pawshake therefore expressly and voluntarily by the User.
The Personal Data can be obtained by Pawshake by:
a. accessing the Service, and/or
b. using Cookies.
Data obtained by Pawshake by placing Cookies in the Observer or the User device are not used to identify the Observer or the User through these data, but to allow Pawshake to draw up statistics regarding the use of the Platform.
4. PURPOSES FOR WHICH THE PERSONAL DATA IS COLLECTED BY PAWSHAKE
Pawshake uses, stores, and processes information, including personal information, about the User to provide, understand, improve, and develop the Platform, create and maintain a trusted and safer environment and comply with Pawshake’s legal obligations.
Pawshake will not, without the User’s express consent, provide the User’s Personal Data to any third parties for the purpose of direct marketing.
Pawshake collects and processes the User’s Personal Data in order to:
a. provide, improve and develop the Platform:
- to enable the User to access and use the Platform;
- to enable the User to communicate with other Users;
- to operate, protect, improve and optimize the Platform and experience such as by performing analytics and conducting research;
- to provide customer service;
- to send the User service or support messages, updates, security alerts and account notifications;
- to facilitate the User’s referral invitations,
- to send User’s requests for references,
- to provide fraud detection and prevention;
- to provide any other services authorized by the User at the time of collection of the Personal Data;
- to operate, protect, improve and optimize the Platform and experience and personalize and customize the User’s experience (such as making listing suggestions or ranking search results) – Pawshake conducts profiling base on the User’s interaction with Pawshake, the User’s search and booking history, the User’s profile information and preferences, and other User Content submitted to Pawshake
Pawshake processes this information given its legitimate interest in improving the Platform and the Users’ experience with it, and where it is necessary for the adequate performance of the contract with the User.
b. create and maintain a trusted and safer environment:
- to detect and prevent fraud, spam, abuse, security incidents, and other harmful activity;
- to conduct security investigations and risk assessments;
- to verify or authenticate information or identifications provided by the User (such as to verify the User’s accommodation address or compare the User’s identification photo to another photo the User provided);
- to conduct checks against databases and other information sources, including background or police checks, to the extent permitted by applicable laws and with the User’s consent where required;
- to comply with Pawshake’s legal obligations;
- to resolve any disputes with any of the Users and enforce Pawshake’s agreements with third parties;
in connection with the activities above, Pawshake may conduct profiling based on the User’s interactions with the Platform, the User’s profile information and other content the User submits to the Platform, and information obtained from third parties. In limited cases, automated processes may restrict or suspend access to the Platform if such processes detect the User or activity that Pawshake think poses a safety or other risk to Pawshake, other Users, or third parties.
Pawshake processes this information given its legitimate interest in protecting Pawshake, to measure the adequate performance of Pawshake’s contract with the User, and to comply with applicable laws.
c. provide, personalize and improve Pawshake’s marketing:
- to send the User promotional messages, marketing, advertising, and other information that may be of interest to the User based on his/her preferences (including information about Pawshake or partner campaigns and services) and social media advertising through social media platforms such as Facebook or Google);
- to personalize, measure, and improve Pawshake’s advertising;
- to administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Pawshake or its third-party partners;
- to conduct profiling on the User’s characteristics and preferences (based on the information the User provides to Pawshake, the User’s interactions with the Platform and Pawshake, information obtained from third parties, and the User’s search and booking history) to send the User promotional messages, marketing, advertising and other information that Pawshake thinks may be of interest to the User.
Pawshake will process the User’s Personal Data for the purposes listed in this section given its legitimate interest in undertaking marketing activities to offer the User products or services that may be of the User’s interest. The User can opt-out of receiving marketing communications from Pawshake by following the unsubscribe instructions included in Pawshake’s marketing communications.
d. payment information collected:
- to detect and prevent fraud, abuse, security incidents, and other harmful activity;
- to conduct security investigations and risk assessments;
- to conduct checks against databases and other information sources;
- to comply with legal obligations (such as anti-money laundering regulations);
- with the User’s consent, to send the User promotional messages, marketing, advertising, and other information that may be of interest to the User based on his/her preferences.
Pawshake processes this information given its legitimate interest in improving the Users’ experience, and where it is necessary for the adequate performance of the contract with the User and to comply with applicable laws.
5. THE USER’S PRIVACY RIGHTS
To exercise the User’s Privacy Rights, the User shall contact Pawshake via its email privacy[at] pawshake.com.
In connection with the Personal Data, the User has following Privacy Rights:
a. right to be informed – the User has the right to know (i) the identity and the contact details of the Controller and, where applicable, of the Controller's representative, (ii) the contact details of the data protection officer, (iii) the purposes of the processing for which the Personal Data are intended as well as the legal basis for the processing, the recipients or categories of recipients of the Personal Data, (iv) the period for which the Personal Data will be stored and (v) whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data;
b. right to access – the User has the right to access his/her Personal Data and to know the source of such Personal Data, to obtain a copy of the User’s Personal Data, to receive confirmation of the User’s Personal Data processing and/or profiling, to obtain information on processing of the User’s Personal Data, to envision consequences of the processing of the User’s Personal Data;
c. right to rectify, erase or restrict the User’s Personal Data - the User has to note that Pawshake will keep the User’s name and e-mail address in a list to prove that Pawshake complied with the User’s request. This list shall be kept within Pawshake’s records for five (5) years, after which period the User shall no longer have the right to request proof of the exercise of such right;
d. right to object - the User has the right to object to the processing of the Personal Data when a serious and legitimate reason arises;
e. right to withdraw the consent – the User has the right to withdraw his/her consent to process the Personal Data;
f. right to data portability – the User has the right to obtain the User’s Personal Data in a structured, commonly used and machine-readable format and has the right to transmit those data to another controller without hindrance from Pawshake;
g. right to lodge a complaint with a supervisory authority – the User has the right, that does not affect a procedure before the civil court, to file a complaint with their local Privacy Commission.
Exercising of the Privacy Rights is free of charge. The User is always allowed, via the User’s Account, to update, modify and/or verify the User’s Personal Data.
6. STORAGE AND PROCESSING OF PERSONAL DATA
Pawshake declares to storage and process the Personal Data within the European Union, Asia Pacific and North America. Laws in these countries may differ from the laws applicable to the User‘s country of residence. As such, Pawshake developed binding corporate rules to handle the data transfers occurring within the company.
Any transfer of the Personal Data outside the European Economic Area (EEA) to a recipient whose domicile or registered office is in a country which does not fall under the adequacy decision enacted by the European Commission, shall be governed by the provisions of a data transfer agreement, which shall contain (i) the standard contractual clauses, as referred to in the 'European Commission decision of 5 February 2010 (Decision 2010/87/EC)', or (ii) any other mechanism pursuant to privacy legislation, or any other regulations pertaining to the processing of personal data.
The processing of the Personal Data may include profiling.
Pet Owners are allowed to evaluate Pet Sitters. Pet Sitters who obtain the highest rate will be displayed on the home site of the Platform.
7. SHARING PERSONAL DATA WITH THIRD PARTIES
7.1 Disclosure to business partners
Pawshake has the right to disclose some of the Personal Data (i.e. list of Pet Sitters) to its business partners for the performance or delivery of the services offered by Pawshake.
Without prejudice to the foregoing, Pawshake shall not disclose any of Personal Data (apart from the Personal Data visible on the site or Platform) to any third parties for indirect marketing purposes without the consent of the User.
7.2 Sharing between Users
To help facilitate bookings or other interactions between Users, Pawshake may need to share certain information, including Personal Data, with other Users, as it is necessary for the adequate performance of the contract between the User and Pawshake, as follows:
a. when the Pet Owner submits a booking request, certain information about him/her is shared with the Pet Sitter, including the Pet Owner’s full name, and other information he/she agrees to share. When the Pet Owner’s booking is confirmed, Pawshake will disclose additional information to assist with coordinating the trip, like the Pet Owner’s phone number.
b. when you as the Pet Sitter have confirmed a booking, certain information is shared with the Pet Owner to coordinate the booking, such as the Pet Sitter’s full name.
Pawshake does not share User’s billing and payout information with other Users.
7.3 Profiles, Listings, and other Public Information
Pawshake lets the User publish information, including personal information that is visible to the general public. For example:
a. parts of the User’s public profile page, such as the User’s first name, the User’s description, and city are publicly visible to others.
b. listing pages are publicly visible and include information such as listing description, calendar availability, the User’s public profile photo, and any additional information the User chooses to share.
c. after completing a booking, Pet Owner may write a review and rate the Pet Sitter. Reviews and ratings are a part of the Pet Sitter’s public profile page and may also be surfaced elsewhere on the Platform.
d. if the User submits any content in a community or discussion forum, blog or social media post, or use a similar feature on the Platform, that content is publicly visible.
Based on Pawshake’s legitimate interest to promote the Platform, Pawshake may display parts of the Platform (e.g., the User’s listing page) on sites operated by Pawshake’s business partners, using technologies such as widgets or APIs. If the User’s listings are displayed on a partner’s site, information from the User’s public profile page may also be displayed.
Information the User shares publicly on the Platform may be indexed through third party search engines. In some cases, the User may opt-out of this feature in the Account settings. If the User changes the settings or his/her public-facing content, these search engines may not update the Users’ databases. Pawshake does not control the practices of third party search engines, and they may use caches containing the User’s outdated information.
7.4 Service Providers
Pawshake will need to share the User‘s information, including Personal Data, in order to ensure the adequate performance of Pawshake‘s contract with the User.
7.5 Social Media Platforms
Where permissible according to applicable law Pawshake may use certain limited personal information about the User, such as the User‘s email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to the Platform or otherwise promote Pawshake‘s products and services or the Platform. These processing activities are based on Pawshake’s legitimate interest in undertaking marketing activities to offer the User products or services that may be if the User‘s interest.
The social media platforms with which Pawshake may share the User’s Personal Data are not controlled or supervised by Pawshake. Therefore, any questions regarding how the User‘s social media platform service provider processes his/her Personal Data should be directed to such provider.
7.6 Aggregated Data
Pawshake may also share aggregated information (information about the Users that Pawshake combines together so that it no longer identifies or references an individual User) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
Notwithstanding the foregoing, it is, however, possible that Pawshake discloses the Personal Data:
a. to the competent authorities (i) if Pawshake is obliged to do so under the law or under legal or future legal proceedings and (ii) to safeguard and defend Pawshake rights;
b. if Pawshake, or the majority of its assets, are taken over by a third party, in which case the Personal Data shall be one of the transferred assets;
c. in all other cases, Pawshake will not sell, hire out or pass on the Personal Data to third parties, except when it (i) has obtained permission of a data subject and (ii) has completed a data processing agreement with the third party in question, which contains the necessary guarantees regarding confidentiality and privacy compliance of the Personal Data.
8. SAFETY OF PERSONAL DATA
Pawshake declares to take all appropriate technical and organizational measures to protect the confidentiality and security of the Personal Data. These efforts include, but are not necessarily limited to: (i) storing the User’s personal information in secure operating environments that are not available to the public and that are only accessible by persons authorized by Pawshake and, (ii) verifying the identities of the Users before they can access the Personal Data Pawshake maintains about them.
In the event of and following discovery or notification of a breach of the security of the Personal Data, or access by an unauthorized person, Pawshake will notify the User if the breach is likely to affect the User’s privacy.
The User is obliged to comply with safety standards, for instance by avoiding all non-authorized access to the User’s devices and the Account. The User is solely responsible for the use of the Platform on the User’s devices, IP-address and identification data, as well as for its confidentiality.
Notwithstanding the security measures and policy adopted by Pawshake, an infallible level of security cannot be guaranteed. Since no method of transmission or forwarding over the Internet or any method of electronic storage is 100% secure, Pawshake does not guarantee absolute security.
At the moment of the first access to the Service, the User accepts different kinds of Cookies used by the Platform. Otherwise (in case of the lack of such acceptance), the User shall delete his/her Account.
The User can block Cookies by activating the User’s browser settings which allow the User to refuse the Cookies. The rejection of these Cookies may have the effect of not allowing the User to use some functionalities of the Service Platform.
More information on Cookies can be found via the following link: http://www.allaboutcookies.org/
Pawshake uses session cookies (which expire once the User logs out from the Account) and persistent cookies (which stay on the User’s device for a set period of time or until the User delete them). The following types of cookies are used by Pawshake for the purposes explained in this overview:
TYPE OF COOKIES: Strictly necessary Cookies
PURPOSE: Providing a possibility to use the Platform or providing certain functions the User requested.
TYPE OF COOKIES: Functionality Cookies
PURPOSE: Improvement of the functionality of the Platform.
TYPE OF COOKIES: Tracking Cookies
PURPOSE: Capturing of the User’s traffic behaviour. This type of Cookies survives the User’s session. When the max-age of a permanent cookie is set at one year, then, within that year, the initial value – stored in that Cookie – shall be sent back to the server each time the User visits the server – the purpose is to save a vital piece of information, such as how the User initially came to the App."
TYPE OF COOKIES: Performance Cookies
The Platform may contain electronic images known as Web beacons (sometimes called single-pixel gifs). Web beacons are used along with Cookies to compile aggregated statistics to analyze how the Platform is used and may be used in some of Pawshake’s emails to let Pawshake know which emails and links have been opened by recipients. This allows Pawshake to gauge the effectiveness of its customer communications and marketing campaigns.
10. CONTACT INFORMATION
a. in writing at Pawshake Inc. Legal Department, 161 N Castanya Way, Portola Valley, CA 94028 USA; or
b. by using following email address: privacy [at] pawshake.com.
11. FINAL PROVISIONS
11.1 Use of the Platform
The User’s Account can be created only by a person who is at least 18 years-old.
11.2 Liability for User Content
Pawshake is not liable for any User Content.
11.3 Third Party Partners & Integrations
Pawshake is not liable for any links that may be found in the Platform, which lead and/or allow the User to directly enter any third party websites, nor for any potential Personal Data protection infringements that could occur in connection with browsing such websites. Because of that the User shall acknowledge any privacy provisions which may be found on such third party websites.
11.4 Google Maps/Google Earth
11.5 Analyzing the User’s Communications
11.6 Entry into force