PetBook is a database of animal medical records and consumed veterinary services, which is available at www.petbook.ee (hereinafter: PetBook). Making PetBook and the database management activities described in these Terms & Conditions available to users is a service (hereinafter: the Service) provided by VetMinds Invest OÜ (registration code: 14644037, address: Mustamäe tee 44a, 10621 Tallinn, e-mail: email@example.com) (hereinafter: the Service Provider).
The intellectual property rights relating to PetBook, including the PetBook database as well as the software that enables its use, belong to the Service Provider. The data contained in PetBook is entered by veterinary clinics that use or have previously used the PetBook software as the veterinary clinic’s client management software and that make or have previously made entries in the database (hereinafter: the PetBook Clinics) and the Service Provider holds the necessary licence rights to the data contained in PetBook to provide the Service described in these Terms & Conditions and is the creator of the relevant PetBook database. The list of PetBook Clinics is visible at all times on the PetBook public website as well as in the PetBook app.
The use of PetBook is permitted only under the terms and conditions and pursuant to the procedure set out in these Terms & Conditions of Use (hereinafter: the T&C). The T&C apply to all persons (natural and legal) who use PetBook (the website and the database accessible through it) as a registered user (hereinafter: the User).
Content and use of Service
A User account must be created in order to use the Service. In order to obtain the status of a User, you need to click on the ‘Create account’ button on the website www.petbook.ee and fill in the necessary fields in the window that opens. Required data are marked with an asterisk in the User registration form.
By creating an account, the User confirms that he/she is at least 18 years of age or that he/she has all rights and authority to subscribe to the PetBook services on behalf of the User.
The Service Provider has the right to decide whether or not to register a person as a User. The Service Provider is not required to justify the decision not to register a person or to verify that the information provided by the User is accurate.
In the case of registration as a User, an electronic confirmation of successful registration will be sent to the e-mail address indicated by the person requesting the User status. Further information related to the use of the Service and invoices etc. submitted by PetBook Clinics will be sent to the e-mail address specified by the User.
When the User registers an account on the www.petbook.ee website, the User confirms that they have read and agree to the T&C.
Using PetBook is a free Service.
The User has the right to access and correct his/her data in PetBook or ask the Service Provider to do so, as well as to close the account or ask the Service Provider to do so at any time.
By using PetBook, the User has the possibility to monitor and check at any time the medical records of the pet(s) (hereinafter: the Pet(s)) associated to the User and information about the veterinary services consumed in the various clinics that use PetBook (including the invoices submitted).
The User has the right to view and use the data and documents of the Pet’s medical records stored in PetBook for personal purposes, to download them from PetBook, to make copies and to transmit them to third parties for veterinary consultation. Any other use, transfer and/or exploitation of PetBook and the data stored therein in any manner and/or for any purpose not explicitly described in these T&C is not permitted and will be considered an infringement of the intellectual property rights owned by the Service Provider.
The Service Provider has the right to unilaterally amend the T&C and/or impose additional conditions for the Service, in particular to start charging for the Service in order to develop and update PetBook and/or to keep it running. The amended and/or supplemented T&C will enter into force in respect of the User 30 days after the corresponding amendment or supplement is made public on the website www.petbook.ee and a corresponding notice with the updated T&C is sent to the e-mail address provided by the User upon registration. If the User does not accept the amendments to these T&C, he/she has the right to terminate the contract for the use of PetBook by sending the corresponding request to the e-mail address firstname.lastname@example.org.
In the event of a breach of the T&C by the User, the Service Provider has the right to temporarily or permanently close the User’s account without the Service Provider having to inform the User about this in advance.
The User has the right to withdraw from the Service at any time, for any reason, by sending a request to the e-mail address email@example.com.
The Parties do not consider the non-performance or improper performance of the obligations arising from the T&C a breach of the T&C if this was caused by circumstances which are not under the control of the Parties, the arrival of which could not be foreseen (force majeure). Force majeure is understood in the T&C as, inter alia: an uprising, general strike, mass unrest in the administrative unit where the parties are located, war, act of the Riigikogu or government or an international act which substantially hinders compliance with the T&C.
The invalidity of one part of the T&C will not invalidate the other parts of the T&C and they will remain separately in force.
Obligations of User
The User is obliged to enter correct data when creating a PetBook User account and to check on an ongoing basis that the data in PetBook are up-to-date at all times, including the correct and current e-mail address, home address and telephone number, and to correct them in PetBook as soon as possible in the event of any changes.
The User agrees to keep the username and password assigned to the User for using PetBook confidential. The disclosure of the password to third parties, which allows third parties to access the PetBook database, is considered a breach of the confidentiality of the password. A third party is any person other than the User. If the Service Provider becomes aware that the User has breached the aforementioned confidentiality obligation, the Service Provider will have the right to immediately close the User’s account and the Service Provider will not be liable for any type of potential damage resulting from this.
The User is obliged to use the www.petbook.ee website, the technical solutions on the website and the software enabling the use of the PetBook database in good faith and not to abuse them. The User is liable for any damage resulting from a breach of this prohibition, including if the damage was caused by negligence.
Creating a User account with the intent to overburden or otherwise damage the www.petbook.ee website is not permitted. If the Service Provider has a reason to believe that the actions taken on the User’s account are being made for this purpose or are a consequence of the use of PetBook by the User, the User’s account will be closed.
If the User has intentionally caused damage to the www.petbook.ee website or has damaged the software enabling the use of the PetBook database, the User undertakes to compensate the damage caused at the first request of the Service Provider.
The User is obliged to record correct and up-to-date information on PetBook about both the User and the Pet(s) owned by the User. The Service Provider will not be liable for any damages incurred by the User or third parties as a result of the submission of any possible false data. If the Service Provider has reason to believe that the User has provided incorrect information, the Service Provider has the right to temporarily or permanently close the User’s account.
If the Pet belonging to the User dies, the User is obliged to inform the Service Provider about this by sending an e-mail to firstname.lastname@example.org so that the Service Provider can stop sending notifications related to the User’s Pet. The User does not have the right to object to the termination of notifications if the information received about the death of the Pet was erroneous or entered by an unauthorised person or in case of other errors.
If the Service Provider becomes aware of a breach of an obligation set out in the T&C by the User, the registered User of the User’s account who caused the damage will be liable to compensate for the damage, even if the damage was caused by a third party through the User’s account.
Consequences of termination of Contract
Upon withdrawal from the Service in accordance with these T&C, or termination of the Service contract in any other manner, the User may, within 3 months as of such termination, download and store her/his personal data and the data of the Pet(s) stored in the Petbook database. After the expiry of said period, the Service Provider will no longer process the data of the User and the Pet(s) linked to him/her for the purposes of providing the Service on the basis of the contract or on the basis of a legitimate interest or consent for direct marketing purposes, and will permanently delete them from PetBook, unless there is another legal basis for processing them further. The personal data of the User and the data of the Pet(s) contained in PetBook are processed further by the clinics using PetBook as a client management software within the scope and for the purpose of providing the veterinary service, in which case in terms of data processing the Service Provider acts as a processor in respect of the clinics as the controllers and the User can directly contact the respective clinic in respect of the data processing relating to him/her.
The use of PetBook (i.e. both the PetBook database and the software that enables its use) is offered on an ‘as is’ basis. The Service Provider does not make any additional promises to the User or assume any obligations other than those expressly set forth in the T&C regarding the specific features available through PetBook, usability, reliability, availability or suitability for the User’s needs.
PetBook will not be liable for any loss or damage that may arise from the use of PetBook or from any disruptions of the website. PetBook does not guarantee the uninterrupted availability and performance of PetBook, but will make every effort to ensure that any disruption to PetBook will be corrected as soon as possible.
Governing law and resolution of disputes
These T&C are governed by the laws of Republic of Estonia.
If the T&C have been translated into other languages, the provisions of the T&C in the Estonian language will prevail in the event of a dispute.
If the resolution of a complaint or another dispute by way of negotiations fails, the dispute will be resolved in the Harju County Court, Estonia.
Terms and conditions of personal data processing
The Service Provider is the controller or joint controller of the User’s personal data (see below), who processes the User’s personal data in accordance with these T&C, including with the User’s consents and the requirements for processing personal data set out in applicable legislation. Upon registration, the User will only be asked for the information necessary for the provision of the Service, including the User’s address, telephone number, e-mail address and the details of the User’s Pet(s). Without the User submitting the personal data requested from the User upon registration as a User, the provision of the Service to the User will be impossible.
For the purposes of providing the Service, the Service Provider has the right to process, in accordance with the T&C and to the extent necessary for the performance of the Ccontract, all personal data of the User (in particular the name, ID code, document number, residential address, telephone number and e-mail address) and any information relating to the Pets (including medical records and invoices issued to the User by clinics) entered into the PetBook database either by the User and/or by the Petbook Clinic (whose client the User has been). In order to fulfil the contract, the Service Provider processes the relevant data further with PetBook Clinics on a cross-use basis, i.e. if a PetBook Clinic enters a new record in the medical records of the Pet in PetBook or changes/updates the User’s and/or Pet’s data therein (but not the medical records or data related to veterinary services), the corresponding change will take effect and become immediately visible and usable also for the Service User via the PetBook User Account; and conversely, if the Service User updates his/her own data in PetBook, it will immediately become visible and usable in the PetBook application for all other PetBook Clinics whose client the User has been. The PetBook Clinics have the right, in accordance with the foregoing, to further process the data entered and amended by the User in PetBook for the purpose of providing veterinary services and, in relation to this, in the interest of ensuring the best possible treatment for the Pet, in accordance with the privacy policies of the respective clinics (which the User undertakes to read separately each time he/she visits the clinic), either for the performance of the contract or on the basis of the User’s consent(s).
The User acknowledges that the Service Provider and the PetBook Clinics cross-utilising the data in the manner described above can be regarded as joint controllers in respect of personal data processing as applicable, until the User has opted out of the Service in accordance with these T&C or the PetBook Clinic(s) has (have) discontinued the use of the PetBook software as the veterinary clinic’s client management software. Therefore, the User has the right to exercise his or her rights in relation to the processing of his or her personal data by contacting both the Service Provider and any PetBook Clinic with whom the User’s personal data has been shared and will be cross-utilised in accordance with the above.
The Service Provider may also process the User’s personal data based on the User’s corresponding consent on the conditions and to the extent set forth therein. In addition to the foregoing, the Service Provider processes the User’s personal data on the basis of its legitimate interest to provide the User with similar products or services related to the Service, which the User may opt out of at any time, including herein by ticking or crossing the adjacent box: ☐
The Service Provider will not disclose the Service User’s personal data and the Pet’s data to unauthorised persons, except in the cases provided for in the T&C and the law, to processors (e.g. database hosting service providers), or for the purpose of data disclosure with the User’s consent/at the User’s request.
The User’s personal data are generally processed in the European Union/European Economic Area (EU/EEA) and should it be necessary to transmit the data outside this region, the transmission will only take place on the condition that appropriate safeguards are implemented.
Every owner of the intellectual property rights related to PetBook has the right to transfer PetBook with the data belonging thereto (including information about Users and Pets) without the separate consent of the User, and the Service Provider will notify the User of such transfer in accordance with the law.
The User has the following rights in connection with the processing of his/her personal data:
to receive information about the processing of their personal data and request a copy of the personal data being processed;
to request correction of their Personal data if they have changed or are otherwise inaccurate;
to object to processing of their personal data if the processing of the personal data is based on a legitimate interest, including on profiling for the purposes of direct marketing (e.g. receiving marketing offers). For example, the User may prohibit the use of their contact details for sending offers by unsubscribing from the corresponding list of recipients when receiving a marketing e-mail message;
to request the erasure of their personal data, e.g. if the Service Provider does not have the right to process such data or if personal data processing is carried out with their consent and they have withdrawn the consent. This right does not apply (or apply to this extent) if the personal data whose erasure is requested is also processed on other legal grounds, e.g. on the basis of a contract or for the performance of legal obligations;
to request restriction of the processing of their personal data, e.g. at a time when the Service Provider assesses whether the User has the right to the erasure of their personal data;
to receive the personal data that they have submitted to the Service Provider and that are processed on the basis of their consent or for the performance of the contract for service provision, electronically in a commonly used machine-readable format and, if technically possible, transfer the data to another service provider (right to data portability);
to withdraw their consent for the processing of their personal data. Upon withdrawal of their consent, the Service Provider will no longer process the personal data of the User for the purpose for which it was done on the basis of the respective consent. For example, the User has the right to withdraw the consent given for the processing of his/her personal data for marketing purposes at any time by clicking on the ‘I no longer wish to receive the newsletter’ link at the bottom of the newsletter or by informing the Service Provider by e-mail. The consent is valid until withdrawn;
to file, at any time, a complaint with the Service Provider, the Data Protection Inspectorate (website: www.aki.ee) or a competent court if they find that the processing of their personal data breaches their rights and interests.
The User can exercise his or her rights by contacting the Service Provider by e-mail at email@example.com. The Service Provider will respond to the submitted request without delay, but no later than within one (1) month of receipt of the request. If any additional circumstances need to be identified before replying to the request, the Service Provider may extend the term for replying by informing the User thereof in advance.