The Maxizoo Tracker inspires more than 70,000 satisfied customers!
We, Fressnapf Tiernahrungs GmbH, as the operator of the Digital Tracker, are the controller in charge of processing the personal data of users of this application. You will find our contact data in the Publisher’s Details for the Digital Tracker and on the Digital Tracker website; the points of contact for questions about the processing of personal data are named directly in this Privacy Statement.
We take the protection of your privacy and your private data very seriously. We collect, store and use your personal data only in accordance with the content of this Privacy Statement and the applicable regulations on data protection, specifically the European General Data Protection Regulation (GDPR) and the provisions of national legislation that govern data protection.
‘Personal data’ refers to information about an identified or identifiable natural person. This includes all information about your identity, such as your name, your e-mail address or your postal address. Information that cannot be associated with your identity , however – e.g. statistics on things such as the number of Digital Tracker users – is not considered personal information.
Processing of personal information
No automated decision-making occurs on the basis of your personal data in connection with use of the Digital Tracker.
Your personal data are transmitted in encrypted form over the Internet. We transmit data using TLS/SSL encryption (Transport Layer Security/Secure Socket Layer).
Transmission of personal data to third parties
We only use your personal information to provide the services you have requested. If we use the services of external service providers within the scope of performing our service, any access to the data on their part is likewise solely for the purpose of service delivery. We take technical and organisational steps to ensure compliance with data protection requirements at all times and place our external service providers under a similar obligation. We will also not disclose these data to third parties without your express consent, and specifically not for advertising purposes. Your personal data will be passed along only if you have consented thereto, or if we are entitled or obliged to do so under provisions of applicable law and/or official or court orders. Such instances can in particular include the provision of information for purposes of law enforcement, hazard prevention or for the enforcement of intellectual property rights.
If we transmit your personal data, ourselves or through service providers, to countries outside the European Union, we do so in compliance with the special requirements of Art. 44 et seqq. GDPR and oblige our service providers to comply with these regulations as well. We will therefore only transfer your data to countries outside the European Union subject to the level of protection guaranteed by the GDPR. This level of protection is specifically ensured by a determination of adequacy by the EU Commission or by use of standard data protection clauses that can be accessed here in accordance with Art. 46 (2) (c) GDPR.
Bases in law for the processing of data
If we obtain consent for the processing of your personal data, Art. 6 (1) (a) GDPR serves as the legal basis for the processing of these data. If we process your personal data because this is necessary for the performance of a contract or in the context of a quasi-contractual relationship with you, Art. 6 (1) (b) GDPR serves as the legal basis for this data processing.
If we obtain your personal data in fulfilment of a legal obligation, Art. 6 (1) (c) GDPR serves as the legal basis for the processing of these data.
The legal basis for data processing can also be provided under Art. 6 (1) (f) GDPR if processing your personal data is required to safeguard a legitimate interest of our company or of a third party, provided that your interests and fundamental rights and freedoms do not require the protection of personal data.
Within the framework of this Privacy Statement, we always point out the legal grounds on which we base the processing of your personal data.
Data erasure and duration of storage
We erase or block your personal data whenever the purpose for storage ceases to apply. These data may also be stored, however, if indicated by legal requirements to which we are subject, e.g. with regard to statutory retention and documentation obligations. In such a case, we will erase or block your personal data once the corresponding requirements cease to apply.
Using the Digital Tracker app
Information about your smartphone
Regardless of your registration, we collect the IP address of your smartphone whenever you access our Digital Tracker app. The status and the amount of data transferred are recorded within the scope of this request. We also collect product and version information about your smartphone’s operating system. The IP address of your smartphone is stored only for the duration of use of the app and is subsequently deleted or anonymised through truncation. The remaining data are stored for a limited period of time.
We use these data to operate the app, specifically to detect and eliminate errors, to determine levels of app use and to make any adjustments or improvements. These purposes also encompass our legitimate interest in data processing in accordance with Art. 6 (1) (f) GDPR.
Use of the Digital Tracker app also requires temporary access to the camera of your mobile device. Access is required to scan the QR code that creates a technical connection between the Digital Tracker app and the Tracker, as well as to create a profile picture of your pet if you wish to create one. In case you want to select a photo of your pet for use as a profile picture of your dog, the app can also access photos already stored on your smartphone. As camera access is technically required to scan the QR code and commission the Digital Tracker app, Art. 6 (1) (b) GDPR serves as the relevant basis in law for this purpose. As access to your smartphone camera to create or upload a profile picture is based on your consent, Art. 6 (1) (a) GDPR serves as the determinative basis in law for this purpose.
We use the Firebase developer platform to manage and constantly improve upon the services of our app, and to evaluate user behaviour in this context. Firebase is a service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94034, USA (‘Google’). Firebase uses identifiers for mobile devices (including the Android Advertising ID or the Advertising Identifier for iOS) together with additional technologies to enable its various functionalities. Below, we provide you with the best description we can of the services and/or technologies used for this purpose.
In connection with its functionalities, Firebase uses what is known as an ‘Advertising ID’. In the device settings of your smartphone, you can restrict evaluation of your user behaviour using the Advertising ID:
For Android: Settings > Google > Ads > Reset Advertising ID
For iOS: Settings > Privacy > Advertising > Limit Ad Tracking
In addition, IP anonymisation has been activated within our app; as a result, the IP addresses of users of Google services within Member States of the European Union, and in Signatory States to the Agreement on the European Economic Area, are truncated and thus anonymised. Only in exceptional cases is the full IP address sent to a Google server in the USA and truncated there.
On our behalf, Google uses a variety of information, described in detail below, to evaluate your use of the app, to compile reports about activities, and to furnish us, as the provider of the app, additional services connected with use of the app and the Internet. Google also uses these data for its own purposes.
We have concluded an order-processing agreement with Google in regard to the functionalities used; these are designed to ensure that the data concerned are processed exclusively for purposes we have specified. If personal data are processed in third countries (outside the EU/the EEA) within the scope of use of Google Firebase (Analytics and Crashlytics), or if data are disclosed in or transmitted to third countries, this is done on the basis of standard contractual clauses of the EU Commission we have concluded with Google.
In view of the data-processing processes involved in connection with use of the Firebase services by us or on our behalf, Art. 6 (1) (1) (f) GDPR (legitimate interest) forms the relevant basis in law, as we have a legitimate interest in constant improvements to our app.
Google Analytics for Firebase
The app uses the web analytics service Google Analytics for Firebase, which uses tracking technologies to trace your use of the app. Google Analytics is a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94034, USA (‘Google’).
This being the case, among other things, information will be generated about the number of users and their sessions, session durations, the operating system in use by the users, their device model, the region from which the app was called up, the first-time launch of the app, the app version as well as any app updates.
To add the relevant data to an analysis, Firebase Analytics uses the Advertising ID of the mobile device, an app instance ID (a randomly generated number that indicates an individual app installation) and the IP address, which is truncated (IP masking) before it is processed on Google servers (which may be located outside the EU/the EEA) to generate the usage analysis. You may object to the use of Firebase Analytics at any time by going to the app settings and prohibiting the app from sending usage statistics. We have already described how this is done.
The information generated about your use of the app is transmitted to a Google server and stored there. It cannot be ruled out that the data will be transmitted to the USA, where state entities might access these data.
Nor can it be ruled out that Google will process these data for purposes of its own, such as to generate a profile of user behaviour, or to link data with other data such as an existing Google account. We have no influence whatsoever over this form of data processing. For further information, you are encouraged to refer to the privacy information provided by Google, to which we have also provided links.
Firebase – Crashlytics
We also use Firebase Crashlytics in order to identify malfunctions – and crashes in particular – of the app and to prevent these in future. In the event of a crash, a crash report is automatically generated for transmission to Google, containing, in pseudonymised form, the type of device used, the operating system involved, your most recent activities within the app and your geolocation. The crash reports provided to us do not contain any personal data on the basis of which we would be in a position to identify a particular user.
You may object to the use of Crashlytics at any time by going to the app settings and prohibiting the app from sending error reports. You can find further information on the workings of Crashlytics at:
We also use Firebase Cloud Messaging to send messages to you – push messages or what are known as ‘in-app messages’ (messages displayed within the respective app). To accomplish this, the app sends a previously generated, anonymous device ID (token) to Google to enable us to identify app users whom we then address with message content. This function can be deactivated and reactivated at any time in the device settings. To this extent, your consent in accordance with Art. 6 (1) (1) (a) GDPR (legitimate interest) constitutes the relevant basis in law for data processing performed by us.
You can find further information on the workings of Cloud Messaging at: https://firebase.google.com/products/cloud-messaging/
Firebase Performance Monitoring
We use Firebase Performance Monitoring, which uses Instance IDs, to monitor the performance of the mobile app and to respond to certain incidents within the app. In this connection, according to Google, the following device-related data are captured that, in some cases, could permit conclusions concerning your personal identity: general device information such as model, operating system and orientation, mobile provider – based on the country and network code of the mobile device, wireless/network information (e.g. WLAN, LTE, 3G), country (based on the IP address), language, app version and pseudonymised app-instance ID.
You can find further information on the workings of Firebase Performance Monitoring at: https://firebase.google.com/docs/perf-mon
Firebase App Distribution (Beta)
We can use the Firebase app distribution function to ascertain how many users are using which app version(s). This function also helps us test the app by transmitting the app to testers’ devices, as we obtain their feedback relative to the app early and/or on a regular basis.
You can use the following link to call up further information about the workings of this service:
Fressnapf Customer Account
The registration process requires you to provide your contact details – name, address, telephone number and e-mail address. Among other purposes, we use your name to be able to address you personally within the Digital Tracker app context. We also use the data described above to get in touch with you, provided you have given your prior express consent to do so and your consent is absolutely required before you can be contacted, or if this is required to fulfil an agreement or initiate contractual relationships in response to your request, or if our legitimate interest justifies the processing of the data.
In the case first mentioned, Art. 6 (1) (1) (a) GDPR forms the requisite legal basis for a processing of the data; in the second case, Art. 6 (1) (1) (b) GDPR, and in the case discussed last Art. 6 (1) (1) (f) GDPR. Our legitimate interest can specifically consist of a desire to improve our offerings while providing you an optimised service tailored to your own specific needs.
An integral part of the Digital Tracker app is that it offers the user tailored access to information and products, particularly where the health of one’s dog is concerned. That’s why the Digital Tracker app determines your location to notify you of offers specific to your preferred Fressnapf shop. To this extent, as part of the initial registration process, we obtain your consent, and Art. 6 (1) (1) (a) GDPR accordingly forms the requisite legal basis for data processing undertaken for this purpose. You may rescind consent, to take effect in the future, at any time.
In addition to this, in fulfilment of the Agreement, your personal data must be processed for the purpose of tailoring the information offer to your dog’s needs before then notifying you of this fact. The data processing that thus occurs is thus also legitimised under Art. 6 (1) (1) (b) GDPR.
Data on your dog’s activities
Continuously identifying your dog’s location using the Digital Tracker, makes it theoretically possible to identify its owner’s residence and to derive his or her patterns of movement as well. Under no circumstances will Fressnapf process data generated with the aid of a Tracker for purposes of creating movement profiles attributable to certain individuals. The Digital Tracker app will be used to collect and process positional data from your smartphone to reconcile your respective position with your pet’s, which can make finding your pet much easier if it should go missing. GPS data on your smartphone are used solely to display your respective position in the Digital Tracker app; at no time will they be stored by us or our partners. The first time you open the Digital Tracker app, you can decide whether you want to grant approval of this function. Processing of GPS data from your smartphone is thus predicated on your express consent – which you may freely revoke at any time. So Art. 6 (1) (1) (a) GDPR forms the relevant legal basis for data processing such as it occurs thus far.
Receiving push messages
Our Digital Tracker app gives you the option of subscribing to what are known as ‘push messages’. We can use these messages specifically to notify you of (low) rechargeable-battery levels in the Digital Tracker. You must expressly consent to this function. If you have consented, you can revoke that consent with future effect at any time. The relevant legal basis here can be found in Art. 6 (1) (1) (a) GDPR.
Shared use of the Digital Tracker
The Digital Tracker can be used together with other individuals, such as family members or friends, and across different devices. This requires that all those who wish to make multi-party use of the Digital Tracker must log on with their own Fressnapf Account to use the Digital Tracker app. Each user continues to manage his or her own Fressnapf Account data, even in the context of shared use of the Tracker app across a variety of devices; a particular feature is that the remaining users of the Tracker app cannot view or edit fellow users’ Account data. Nevertheless, continuous determination of a pet’s location using the Digital Tracker, together with additional information – particularly the times when the pet was under a user’s supervision – could theoretically make it possible to determine each user’s home address, and to derive movement patterns as well. We wish to expressly point out that we are not responsible if, and cannot influence the ways in which, the respective users may use the information generated about fellow users by means of the Digital Tracker app. Cross-device use of the Digital Tracker app constitutes a function of the service; this being the case, in addition to your consent in accordance with Art. 6 (1) (1) (a) GDPR (see section on Data on your dog’s activities), Art. 6 (1) (1) (b) GDPR forms the legal basis for data processing by us in this connection.
Provision of information for the purpose of locating your pet
If you have activated this function, the FINDEFIX tag number stored with animal welfare organisation Deutscher Tierschutzbund e.V. for your pet, along with your contact data, will be forwarded to the FINDEFIX service this organisation offers as a way to increase the likelihood of locating your pet. This data processing is based on your express grant of consent as part of the process of registering for the Dog Tracker app; Art. 6 (1) (1) (a) GDPR thus forms the legal basis for the data transmission. We wish to point out that we cannot influence how – or, specifically, for what purpose – the data transmitted are used by the recipients. This being the case, we have no responsibility whatsoever for data protection in this connection. Information about data processing by animal welfare organisation Deutscher Tierschutzbund e.V. as part of the FINDEFIX service can be called up under the following link: https://www.findefix.com/datenschutz/.
Data processing within the scope of our Digital Tracker website
Cookies give us the capability to recognise your computer and to make any pre-settings available immediately. We use a variety of cookies to accomplish this.
Essential cookies make basic functions possible and are necessary to the smooth functioning of the website, such as in the context of assigning appointments. This purpose is also in keeping with our legitimate interest in data processing in accordance with Art. 6 (1) (f) GDPR.
We also use marketing cookies provided by third-party providers to display personalised advertising, as well as third-party providers’ cookies that allow access to content implemented in our online offer. We enlist these providers’ services in an effort to improve our online offer, and to offer you services that are better and more closely tailored to you. These cookies are used only if you have granted your express consent thereto. In this case, the legal basis for our use of such services is your consent in accordance with Art. 6 (1) (a) GDPR.
The cookies we use are known as ‘session cookies’; these are automatically deleted following the end of the browser session. Cookies with a longer storage duration may be used in isolated cases to make it possible to load your pre-settings and preferences during your next visit to our online offer.
Most browsers are set to accept cookies automatically. You can disable the storage of cookies, however, or set your browser to notify you as soon as cookies are sent. You can also use your browser settings to manually delete cookies that have already been stored. Please note that rejecting the storage of cookies, or deleting necessary cookies, may limit or preclude use of our online offer.
Retargeting and remarketing
Retargeting and remarketing are technologies under which users who have previously visited a certain website continue to be presented with suitable advertising even after leaving that website. This requires a capability of recognising Internet users beyond the own website, and cookies by the relevant service providers are used for this purpose; this arrangement also takes previous usage behaviour into account. If, for example, a user views certain products, he or she may be presented with these or similar products later on, in the form of advertising shown on different websites. This is personalised advertising and is tailored to the needs of the individual users. This personalised advertising does not require user identification beyond this form of recognition. Accordingly, we do not merge the data used in retargeting and remarketing with any other data.
We use technologies such as this in our online advertising. We use the services of third-party providers for this advertising. Among others, we use offers by Google that permit automatic display of products of interest to the Internet user. This function is carried out by means of cookies. It cannot be ruled out that data will be transmitted to Google in the USA, where US security agencies can gain access to these data.
The legal basis for data processing in connection with personalised advertising is provided through your consent pursuant to Art. 6 (1) (a) GDPR.
We use Hotjar, an analytical software provided by Hotjar Ltd., 3 Lyons Range, 20 Bisazza Street, Sliema SLM 1640, Malta (‘Hotjar’) to be able to optimise our online offer. Hotjar can be used to display user activities on our online offer in what are referred to as ‘heatmaps’. This way, for example, we can see how you move through sub-pages (‘scroll’) and the buttons you click. Technical data are also recorded, such as the language you have chosen, your operating system, your monitor resolution and the browser you are using. The information thus collected can be compiled to create anonymised usage profiles. We do not use this information to identify individual users, nor is this information combined with other user data. We use the information collected using Hotjar to optimise our websites and to make them more customer-friendly.
You can prevent Hotjar from collecting data by following the instructions to this effect found at the website https://www.hotjar.com/opt-out.
Adobe Analytics is used. It stores data on usage behaviour – including origin and page views. Other data, such as gender, birth year or postal code, are collected in anonymised form but do not permit conclusions about you as a person. These data cannot be combined with your personal data (name or address). Adobe Systems does not process your IP address, either, and stores it in truncated form instead. The information collected is stored by Adobe Systems within the European Union. By using this website, you declare your consent to the collection and storage by Adobe Systems of data collected about you, in the manner and for the purposes as described above.
You may revoke your consent at any time with future effect without influencing data processing undertaken prior to the revocation.
Google Tag Manager
For our online offer, we use Google Tag Manager by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (hereinafter: ‘Google’). Google Tag Manager is a tag-management system (TMS) with which tags – tracking codes and related code fragments – can be managed on our website. Google Tag Manager can be used to integrate Google services in a website.
Use of the Google Tag Manager creates a connection to Google servers. As a result, Google stores the IP address of the browser on the device used by the visitor of these websites. It cannot be ruled out that data will be transmitted to Google in the USA in this connection, where US security agencies may conceivably gain access to these data. No cookies are stored in connection with the use of the Google Tag Manager, however.
You will find more about Google Tag Manager and data processing by Google here https://support.google.com/tagmanager/answer/6102821?hl=de and here https://policies.google.com/privacy.
Our basis in law for use of the Google Tag Manager is our legitimate interest pursuant to Art. 6 (1) (f) GDPR. Our legitimate interest lies in managing tracking codes in our online offer to permit analysis of our online offer and improvement and personalisation of our services.
Communicating with us
You have a variety of ways to get in touch with us, including through use of our chatbot. We will also be glad to notify you on a regular basis with e-mails about products and news of interest for your and/or your dog.
When you subscribe to our newsletter, your e-mail address is used for own advertising until you unsubscribe. In this connection, you will regularly be provided with e-mail on current topics and e-mail for special occasions such as special promotions. These e-mails can be personalised and individualised based on the information we have about you.
Unless you have given us your written consent, subscriptions to our newsletter are based on the so-called ‘double opt-in method’, i.e. we will only send you a newsletter via e-mail if you have first expressly confirmed that we should activate newsletter shipment. Then, we will send you an e-mail notification asking you to click on one of the links contained in the e-mail to confirm that you would like to receive our newsletter.
The legal basis for processing your data is your consent pursuant to Art. 6 (1) (a) GDPR, assuming you have expressly signed up for the newsletter. It is also possible, within the scope of legal requirements, that you would receive our newsletter without having expressly consented, because you have ordered goods or services from us, we have received your e-mail address in this connection, and you have not objected to receipt of information via e-mail. In this case, the legal basis lies in our legitimate interest in providing direct advertising pursuant to Art. 6 (1) (f) GDPR.
If you simply do not wish to receive any further newsletters from us, you can revoke the consent you once granted at any time with future effect and/or object to receiving any further newsletters at no charge other than the transmission costs pursuant to the basic applicable rates. To do so, simply use the unsubscribe link found in every newsletter or send a message to this effect to us or our Data Protection Officer.
You have the option of asking questions using our chatbot and offering any other form of feedback. The chatbot is a text-based dialogue system that uses artificial intelligence to try to classify your concerns, and to offer suitable responses or trigger forwarding of your concerns. The entries you make when using the chatbot will be processed in order to respond to your concerns. To better categorise your concerns, the chatbot may also make use of information we have collected about the device you are using (such as language or regional settings). The information collected during use of the chatbot will not be combined with other information and is used solely to communicate with you and – in anonymised form – to optimise the functionality of the chatbot. Following the conversation and temporary storage for possible follow-up and for archival purposes, the information stored is erased and/or anonymised.
You yourself can decide which information you provide us when using the chatbot. The basis in law for the processing of your data is your consent pursuant to Art. 6 (1) (a) GDPR.
Your rights and contact
We attach great importance to explaining as transparently as possible the processing of your personal data, and to informing you of your rights in this connection. If you wish to receive further information or to exercise your rights, you may contact us at any time, and we will look into your concerns.
Rights of data subjects
You have extensive rights where the processing of your personal data is concerned. To begin with, you have an extensive right to information; in the event, you may insist on rectification and/or erasure or blockage of your personal data. You can also insist upon restriction of processing, and you have a right of objection in this regard. You also have a right to data portability relative to the personal data you have provided to us.
If you wish to exercise one of your rights and/or receive further information in this connection, you are kindly requested to contact our Customer Service. Alternatively, you can also contact our Data Protection Officer.
Revocation of consent and objection
A consent you have granted can be revoked at any time with future effect. Revocation of consent will not affect the legality of processing undertaken on the basis of this consent prior to its revocation. The point of contact here is also our Customer Service, as well as our Data Protection Officer.
If the processing of your personal data rests not on consent but on some other legal grounds, you can object to this data processing. Your objection leads to a review and, in the event, to termination of data processing. You will be notified of the result of the review and will receive – insofar as data processing is to continue nonetheless – further information from us as to why this data processing is permissible.
Data Protection Officer and Contact
We have an external Data Protection Officer who assists us in matters relating to the law on data protection, and to whom you can direct enquiries directly. Our Data Protection Officer and his team are glad to answer any questions about what we do with personal data, and to provide other information on topics relating to data protection:
RA Dr. Sebastian Meyer, LL.M. c/o BRANDI Rechtsanwälte
Adenauerplatz 1, 33602 Bielefeld
Telefon: 0521 / 96535-812
If you wish to contact our Data Protection Officer personally via e-mail, he can also be reached at email@example.com.
Links to other websites
Our Digital Tracker app may contain links to other websites. These links are generally identified as such. We cannot influence the extent to which the applicable provisions on privacy are observed on the websites to which links appear here. With this in mind, we recommend that people inform themselves of the privacy statements of these respective websites.
Changes to this Privacy Statement
The revision status of this Privacy Statement is indicated by the date shown (below). We reserve the right to change this Privacy Statement at any time with effect for the future. An amendment would occur particularly in the event of technical adaptations to the Digital Tracker app or in case of changes in provisions of privacy law. The latest version of the Privacy Statement can always be called up directly via our Digital Tracker app. We recommend that you check back regularly for any amendments to this Privacy Statement.
Revision status of this Privacy Statement: December 2021