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Termini di utilizzo

TERMS OF USE OF THE EMBASEMENT PLATFORM

PLEASE READ CAREFULLY THESE TERMS OF USE (HEREINAFTER REFERRED TO AS ‘TOU’) FOR THE EMBASEMENT PLATFORM. THESE CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS, REMEDIES AND OBLIGATIONS.

USE OF THE WEBSITE PLATFORM IMPLIES UNRESERVED ACCEPTANCE OF THESE TERMS, WHICH APPLY TO ALL USERS.

THESE TOU ARE SUBJECT TO THE PROVISIONS OF ARTICLES 1125 ET SEQ. OF THE FRENCH CIVIL CODE.

Preamble

The EMBASEMENT platform (hereinafter referred to as the ‘Platform’) is published and operated by Royal Canin, a Société par Actions Simplifiée [simplified joint-stock company] with a single shareholder, whose registered office is located at 650 avenue de la Petite Camargue, 30470 Aimargues, registered in the Nîmes Trade and Companies Register under number B 700 200 983, hereinafter referred to as the ‘PUBLISHER’. The Platform can be accessed at https://petvox.infostrates.com/en .

The term ‘User’ used in these TOU refers to the user, co-contracting party of the PUBLISHER in connection with the use of the Platform, who uses it to send the PUBLISHER the data required to carry out its studies and compile statistics.

The User accesses and uses the Platform made available by the PUBLISHER under the conditions described in these TOU via a web browser.

Article 1: Acceptance of the Terms

The User acknowledges that he/she is fully aware of these TOU and accepts them in full and without reservation before using the Platform. Acceptance of these Terms is evidenced by a checkbox ticked by the User, and constitutes proof that the User has read these TOU.

These TOU may only be accepted on behalf of a company or other legal entity by a person who represents and warrants that he/she has the right to bind the said legal entity. In this case, this legal entity will be considered to be the User under the terms hereof.

The TOU apply for the entire duration of use of the Platform, as amended from time to time.

These TOU can be accessed at any time from the Platform. Where applicable, they will prevail over any other contradictory document. 

The PUBLISHER reserves the right to amend the TOU regularly in order to adapt them, in particular to any changes in the features offered by the Platform, or to legislative or technical developments. 

In the event of a change to the TOU, the User will be informed of the changes via a pop-in when the Platform is opened. If the User refuses to accept the changes, he/she will no longer be able to use the Platform. Any use of the Platform after notification of changes to the TOU will be considered as tacit acceptance of these changes by the User.

Acceptance of the TOU implies express acknowledgement by the User that information extracted from the Platform and its back office, in particular with regard to the initial acceptance of these TOU and the notification and acceptance of their successive versions, will be deemed authentic between the Parties and will be fully enforceable against the User.

In the event that any of the clauses of these TOU is declared null, illegal, unfair or inapplicable, this clause will only be deemed unwritten and the other clauses will continue to have effect, without their validity being called into question.

The fact that the PUBLISHER does not avail itself of a breach by a User of the TOU will not be interpreted for the future as a waiver of the obligation in question.

Any violation of the TOU authorises the PUBLISHER to block or limit the use of the Platform to any User responsible, without prejudice to any compensation the PUBLISHER may be able to claim. 

Use of the Platform in breach of these TOU may result in civil and/or criminal penalties.

Article 2: Purpose

These TOU govern, without restriction or reservation, the use of the Platform by Users for the purposes of carrying out studies and surveys, in particular relating to the health and feeding of pets. 

Article 3: Access to the Platform

The Platform can be accessed online via the Internet, the Platform can be accessed twenty-four (24) hours a day, seven (7) days a week, with the exception of:

  • cases of force majeure as defined by the French Civil Code and the case law of the French courts;
  • issues with communication networks;
  • suspension of the Platform as provided for herein, in particular for any maintenance work and updates required for the Platform to function properly. Access to the Platform may be suspended without notice for these maintenance operations and updates;
  • attacks or hacking, and temporary or permanent deprivation, withdrawal or prohibition of access to the Internet for any reason.

The User undertakes to use the Platform under the conditions defined herein and, furthermore, acknowledges: 

  • that he/she is responsible for his/her use of and actions on the Platform. He/she undertakes to use the Platform fairly, in compliance with these TOU and applicable laws and regulations, in particular laws relating to intellectual and industrial property, data protection and privacy; 
  • that any intrusion or attempted intrusion into the systems constituting the Platform is expressly prohibited, including the use of data mining, robots or other similar data collection and extraction tools with a view to collecting information, either manually or automatically, including email addresses, in particular in order to send unsolicited marketing or chain emails;
  • that any behaviour likely to interrupt, suspend, slow down or prevent access to the Platform, any action likely to impose on the Platform’s infrastructure a burden disproportionate to its capacity, any attack on the Platform’s security and/or authentication measures, or any hindrance or alteration to the operation of the Platform, and in particular any deletion or modification of data relating to the Platform, is prohibited;
  • that he/she must not attempt to disrupt the Platform, in particular by introducing viruses or other technology that would interfere with the use of the Platform by other Users;
  • that he/she is not authorised to download, reproduce, market or make available to any third party the content of the Platform or more generally to perform any act likely to infringe the rights and financial, commercial or moral interests of the PUBLISHER and its partners or other Users of the Platform. 

The User declares that he/she has been informed that, in order to access the Platform, he/she must have multimedia equipment with a web browser (computer, tablet, smartphone, etc.) as well as Internet access through the provider of his/her choice, the cost of which is at his/her expense, and acknowledges that:

- The reliability of transmissions is uncertain, mainly because of the heterogeneous nature of the infrastructures and networks on which they circulate and, in particular, breakdowns or overloading may occur;

- It is the User’s responsibility to take any measures he/she deems appropriate to ensure the security of his/her equipment and data, software or other items, in particular against contamination by any virus and/or attempted intrusion of which he/she may be the victim;

- Any equipment connected to the Platform is, and will remain, the sole responsibility of the User. 

The performance of the network connection and the associated data rate, as well as the performance associated with the condition of the equipment used by the User, are not the responsibility of the PUBLISHER, which will not be liable for any maintenance or compensation relating thereto. 

The User is responsible for the accuracy, truthfulness and updating of the information provided. Consequently, he/she must immediately inform the PUBLISHER of any changes to this information.

The creation of a User Account is free and open to any natural person (aged at least 18 and with full legal capacity) or legal entity where applicable. Each User Account is personal to the User and may not be transferred or assigned to any third party. Each User may only create one User Account.

The PUBLISHER reserves the right to suspend or terminate a User Account and access to the Platform if the User does not comply with these TOU, or if any information provided during the registration process, or subsequently, proves to be inaccurate, fraudulent, obsolete or incomplete, or otherwise violates the TOU or the rights of third parties.

Each User acknowledges and accepts that the PUBLISHER may delete, at any time and without compensation, a User Account whose activity is contrary, in particular, to French law and/or the rules of use set out herein. 

Article 4: Description of the Platform’s features

The Platform is intended to enable the User to provide their contact details and information relating to their pet(s) to the PUBLISHER, with a view to taking part in studies and surveys concerning them, particularly regarding their health and nutrition.

Once the User’s application has been approved, they will be granted access to the FEEDBACK SOLUTION application, with the data entered via the Platform allowing the PUBLISHER to create a User Account for them on that application.

Article 5: Obligations of the PUBLISHER

The Platform, as well as all content and data processed through it, are hosted on the servers of the PUBLISHER, which may, at its discretion, use its own servers or those of its partners.

The PUBLISHER undertakes to ensure, on a best efforts basis, continuous and high-quality access to and operation of the Platform. In this respect, the PUBLISHER shall make its best efforts to maintain access to the Platform under the conditions set out in Article 3 above. 

The PUBLISHER does not guarantee that the Platform is free from any defect or error. 

If necessary, the PUBLISHER reserves the right to limit or suspend access to the Platform, without informing Users beforehand, in particular to carry out any maintenance work, improvements, change of servers, etc. Since these operations are carried out to ensure the proper operation of the Platform, no compensation may be claimed by the User in case of interruption of the operation of the Platform. 

The User also acknowledges that, given the current state of technology and in the absence of any guarantee from telecommunications publishers, permanent availability of the Platform cannot be guaranteed.

The PUBLISHER may not be held liable for any interruption in the operation of all or part of the Platform, whatever the cause, duration or frequency, nor for any removal of features from the Platform.

The PUBLISHER makes its best efforts to secure the Platform.

However, the PUBLISHER accepts no liability for the spread of computer viruses and the possible consequences thereof; thus, the User must ensure the security of his/her data, files, networks and hardware.

In the event of a security breach, the PUBLISHER shall inform the User as soon as possible and shall indicate any measures to be taken.

Article 6: Obligations of the User

The User confirms that he/she has:

  • the technical skills required to use the Platform, and has ensured that he/she meets the technical prerequisites indicated; and 
  • suitable computer equipment to access the Platform.

The User undertakes to ensure that his/her User Account does not contain:

- false and/or misleading mandatory information;

- any information or material that infringes the rights of a third party.

By accessing and using the Platform, the User expressly undertakes not to:

  • disrupt or interrupt the Platform or the servers or networks connected to the Platform;
  • attempt to interfere with the access of any other Platform User, host or network;
  • access data that is not intended for him/her, or enter a server/User Account to which he/she is not authorised to have access;
  • attempt to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures without authorisation;
  • use or attempt to use the Platform in breach of the TOU or without the PUBLISHER’s permission;
  • impersonate another person;
  • carry out an activity or incite a third party to carry out an activity:
  • considered illegal by the laws of his/her country of residence or nationality;
  • which would adversely affect the PUBLISHER, such as acts of parasitism or unfair competition, defamation, denigration or insult;
  • which infringes the intellectual property or personality rights of the PUBLISHER, its suppliers, partners, distributors, advertisers or any other User;
  • send or transfer (by any means) information derived from the Platform, in particular to other countries or certain foreign nationals in violation of a national or international law or regulation.

In the event of non-compliance with one or more of the provisions of these TOU, the PUBLISHER will have the option of suspending or closing the User Account (or limiting the User’s ability to use all or part of the Platform), at any time, automatically and without formality, following the sending by email of a formal notice to which no response has been received within five (5) calendar days of its receipt.

In the event of fraud or attempted fraud, the PUBLISHER may suspend or close the User’s User Account, at any time, automatically and without formality, in particular if the PUBLISHER has reasonable grounds to believe that:

  • The User’s identity is inaccurate; or
  • The User behaves inappropriately or disreputably on the Platform.

In the event of closure of the User Account for failure by the User to comply with these TOU, the User shall refrain from opening a new User Account, directly or through an intermediary, without the prior written authorisation of the PUBLISHER. 

Any closure of a User Account will result in the permanent removal of access to the information provided to the PUBLISHER when the User Account was opened or updated, any documents and other items stored on the Platform in the User’s personal space and, where applicable, any documents or content that the User may have published, uploaded or made available on the Platform. 

The User must inform the PUBLISHER of any failure or malfunction of the Platform as soon as he/she becomes aware of it.

Article 7: Personal data and Privacy Policy

In the course of using the Platform, the PUBLISHER is required to collect and process personal data relating to Users, pets taking part in studies set up by the PUBLISHER. Personal data is collected and processed under the conditions detailed in the Data Processing Policy available at the following URL address: https://petvox.infostrates.com/legal/pdc/en 

The PUBLISHER undertakes, with regard to the collection and processing of data, to comply with the applicable laws and regulations, in particular the provisions of the French Data Protection Act no. 2004-801 of 6 August 2004 amending Law no. 78-17 of 6 January 1978, as well as the provisions of the General Data Protection Regulation no. 2016/679 of the European Parliament and of the Council of 27 April 2016 known as the ‘GDPR’. 

The PUBLISHER acts as data controller within the meaning of the GDPR for the User’s personal data processed in the course of using the Platform.

The User is required to collect personal data from the owners of the pets he/she treats, with a view to transmitting it to the PUBLISHER, and acts in this capacity as a processor of the PUBLISHER within the meaning of the GDPR.

In this respect, the PUBLISHER undertakes in particular:

  • To implement all appropriate technical and organisational measures to protect the security and integrity of data, in particular against accidental loss, alteration and unauthorised distribution or access;
  • To host the data within the European Union or, failing that, ensure that the service provider in charge of hosting complies with the standard contractual clauses established by the European Commission, so that the said service provider guarantees a level of security and confidentiality of personal data that complies with the GDPR; 
  • Not to use the data for purposes other than those specified herein;
  • Not to disclose the data to third parties, whether private or public, natural or legal persons, other than its partners, such as laboratories, business partners, food manufacturers and technical service providers, unless ordered to do so by a judicial or administrative authority under the conditions laid down by law;
  • To notify the competent supervisory authority of any personal data breach constituting a risk to the privacy of the User and/or pet owners.

The Privacy Policy applicable to the Platform can be viewed on the https://petvox.infostrates.com/legal/pdc/en page, which contains all the conditions governing the collection and use of the User’s personal data. 

The Platform’s Privacy Policy is inseparable from these TOU. In this respect, by using the services offered on the Platform, the User undertakes to read carefully and accept the Platform’s Privacy Policy.

Article 8: Intellectual property

The PUBLISHER declares that it holds all the intellectual property rights necessary for the management of the Platform.

The PUBLISHER and any of its partners are the sole and exclusive holders of the intellectual and industrial property rights relating to the Platform and the content present and processed via the Platform, including but not limited to the classification and presentation of studies, texts, questionnaires, articles, tables, diagrams, photographs, videos, logos, designs, models, trademarks and other graphic or written materials that can be viewed via the Platform.

The User agrees to assign any copyright in the content sent via the Platform, and in particular texts and photographs, for the entire legal term of protection of these rights and for all uses necessary for the normal operation of the Platform, this assignment being granted free of charge.

The PUBLISHER grants to the User, in compliance with all of the provisions of these TOU, free of charge and worldwide, the non-exclusive and non-transferable right to access the features of the Platform, within the framework of strictly personal and non-commercial use.

The User is granted a simple user licence and is therefore prohibited from downloading, reproducing, altering, modifying and/or printing works, trademarks, logos, texts, images, sounds, photos, graphic charters, software and, more generally, any information that can be viewed from the Platform that may be protected under intellectual and/or industrial property law, other than for strictly personal and private purposes.


Any extraction, integration, compilation or use for commercial purposes of the information contained in the databases accessible from the Platform, as well as any use of robots, data mining systems or other data collection tools, is strictly forbidden by Users.

The use of this Platform does not imply any transfer of any kind of intellectual property rights on the elements belonging to the PUBLISHER to the User.

The trademarks, designs, models, images, texts, photos, logos, graphic charters, software and programs, search engines, databases, sounds, videos, domain names, design or any other information or format presented by the PUBLISHER, without this list being exhaustive, are the exclusive property of their owners and are protected by their copyright, trademark, patent and any other intellectual or industrial property right recognised in accordance with the laws in force.

Any reproduction and/or use, in whole or in part, of any of these elements without the express authorisation of its owner is prohibited and constitutes an infringement punishable by Articles L. 335-2 et seq. of the French Intellectual Property Code.

Consequently, the User shall refrain from any action or act likely to infringe directly or indirectly the intellectual property rights of the PUBLISHER.

Article 9: Warranty - Limitation of liability

The User expressly acknowledges that, due to the very purpose of the Platform, should the PUBLISHER be held liable, he/she would be unable to claim payment of any amount of money for any reason, and redress would be limited to the enforcement of protective measures.

The User undertakes to use the Platform solely for his/her own needs and those of the PUBLISHER, and solely for the purposes set out herein.

Any processing, provision, dissemination or use of information or data carried out via the Platform by the User must comply strictly with the legal and regulatory provisions in force, in particular with regard to medical confidentiality and the protection of personal data. 

In particular, the User guarantees that he/she has all the rights, qualifications and approvals required to carry out his/her activity.

The User undertakes to indemnify and hold harmless the PUBLISHER against any and all judgments that may be handed down against it in connection with any legal action brought by a third party as a result of the wrongful use of the Platform by the User.

The Platform can be accessed subject to availability, with no guarantee of service. The PUBLISHER cannot be held liable for the unavailability of the Platform.

The PUBLISHER accepts no liability in the following cases: 

- in the event of interruptions, breakdowns, modifications or malfunctions on the Platform, whatever their origin or source;

- in the event of loss of data or information stored on the Platform. It is the User’s responsibility to take all necessary precautions to protect items relating to the data provided if he/she deems it necessary to do so;

- in the event of direct or indirect damage caused to the User, of any kind, resulting from access, use, malfunction and/or interruption of the Platform;

- in the event of use of the Platform in contravention of the laws and regulations in force in the User’s country of residence and nationality;

- in the event of misuse or unlawful use of the Platform by any User or third party;

- in the event of non-compliant use of the Platform by the User, or in the event of non-compliance of the Platform with the User’s specific needs or expectations;

- direct or indirect loss or damage of any kind resulting from the management, use, operation, interruption or malfunction of the Platform.

In general, the PUBLISHER cannot be held liable for any penalty that may be handed down to a User for having used the Platform.

Use of the Platform is at the User’s own risk. The PUBLISHER may under no circumstances be held liable for indirect damage suffered by the User such as, in particular, a decrease in turnover, loss of customers, loss of profit, transmission error or loss of documents, data and files, related to the use of the Platform. 

The PUBLISHER accepts no liability for any damage that may be caused to the User’s computer equipment/smartphone.

In its capacity as host, the PUBLISHER is subject to a reduced liability regime provided for in Articles 6.I.2 et seq. of Law no. 2004-575 of 21 June 2004 on confidence in the digital economy.

The User indemnifies and holds harmless the PUBLISHER against any remedies or judgments arising from a breach by the User of the obligations incumbent upon him/her under the law or these TOU. 

Article 10: Applicable law - Competent courts

The validity, interpretation and performance of these terms are governed by French law, as are the terms and conditions of use of the Platform.

IN THE EVENT OF A DISPUTE ARISING FROM THE INTERPRETATION OR PERFORMANCE OF THESE TERMS, THE PARTIES UNDERTAKE TO SEEK AN AMICABLE SOLUTION.

IF AN AMICABLE SOLUTION CANNOT BE FOUND WITHIN ONE MONTH, ANY DISPUTE WITH A USER ARISING FROM THE INTERPRETATION OR PERFORMANCE OF THESE TERMS SHALL BE SUBMITTED TO ONE OF THE COURTS HAVING TERRITORIAL JURISDICTION UNDER THE CODE OF CIVIL PROCEDURE, OR TO THE COURT OF THE PLACE WHERE THE CONSUMER USER WAS RESIDING AT THE TIME OF ACCEPTANCE OF THE TERMS OF USE OR AT THE TIME THE HARMFUL EVENT OCCURRE

Article 11: Agreement on evidence

In accordance with Article 1366 of the French Civil Code, any notification or communication between the User and the PUBLISHER may be made by any electronic means. Thus, the User is well aware that the PUBLISHER may communicate information to him/her by any electronic means. The User acknowledges that the recordings and back-ups made on the Platform will have full evidential value between the Parties. Thus, electronic documents will be deemed authentic between the Parties in the event of a dispute.