Legal Advice

TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

(hereinafter, the “General Conditions”)

I. General information about the company

Affinity Petcare, S.A., Sole Proprietorship licensee of the trademarks Nature’s variety and True Instinct (hereinafter, “Affinity”), is a Spanish trading company, holder of tax ID number A-62.295.761 and registered with the Companies Registry of Barcelona on Folio 94, Volume 32.672, sheet number B-217.337, 13th Entry. Affinity is devoted, amongst other activities, to the manufacture and sale of pet food.

Affinity is headquartered at:

Plaza Europa 54-56
08902 L’Hospitalet de Llobregat
Telf: +34 93 492 70 00
Fax: +34 93 492 70 01
E-mail: info@trueinstinct.com

II. Acceptance and amendments to the General Conditions of the Website.

  • Acceptance of the General Conditions

These General Conditions govern the use of this Internet website (hereinafter, the "Website") that Affinity makes available to the user (hereinafter, the "User"). The use of this Website implies the full and unreserved acceptance of each and every one of the General Conditions that may be in force at any given time by the User on accessing it and, therefore, if the User disagrees with any of the General Conditions whatsoever, the User must refrain from using the Website.

  • Amendments to the General Conditions

Affinity reserves the right to amend these General Terms of use of this Website at any time whatsoever, as well as any of the other general or specific terms and conditions, regulations on its use, instructions or warnings that may apply. Therefore, the User must read these General Conditions every time this Website is accessed. As a consequence, the User expressly and fully accepts that the access to and the use of this Website is undertaken under sole and exclusive responsibility of the User.

III. Personal data

  • Personal data records, purpose and recipients

Unless otherwise stated, Affinity is the entity responsible for all the databases that contain any personal data collected on this Website. This policy on personal data protection may vary over time due to changes in the law, case law or the standards followed by the Spanish Data Protection Agency. Affinity hereby informs Users that it complies with the current regulations in force on personal data protection and, specifically, with Organic Law 15/1999, of 13 December, on Personal Data Protection (hereinafter, the "LOPD") and other related regulations.

The information and/or data provided voluntarily to Affinity through this Website, whether through Affinity's official profiles on Social Media, or through services or promotions that Affinity may offer from time to time, shall be added to files held by Affinity, for the purposes of managing and maintaining its relations with the Users, to enable them to receive information about Affinity's consumer products, its services, offers, publicity, promotions, competitions, raffles and events, and so that Affinity may create User profiles related to the relationship the Users have with their pets (food, training, likes, habits, etc.), and to conduct, market or statistical surveys that help us to improve the development of our products and services, and the way they are advertised.

Furthermore, pursuant to the provisions of the LOPD and related regulations, Affinity may obtain data from duly authorised third parties, as well as in cases in which the purpose of their being processed or assigned is to satisfy the legitimate interests of the party responsible for processing them or the assignee in question, and providing they are stored on sources available to the general public.

To this regard, the User is informed that pursuant to the legislation in force, sources available to the general public are considered to be the electoral roll, telephone directories, lists of members belonging to professional associations, official state journals and gazettes, as well as social media.

• Consent to electronic marketing messages

BY ACCEPTING THESE GENERAL CONDITIONS, USERS EXPRESSLY AUTHORISE AFFINITY TO SEND THEM ADVERTISING OR PROMOTIONAL MESSAGES ABOUT ITS BUSINESS, PRODUCTS AND SERVICES VIA EMAIL OR ANY OTHER EQUIVALENT ELECTRONIC MEDIA (SMS, INTERNET COMMUNICATIONS SYSTEMS, ETC.).

Should Users wish not to receive advertising or promotional information via email or any other electronic medium, they must notify Affinity by sending an email with the subject line “Baja e-mail” to info@trueinstinct.com.

  • Assignment to third parties

Affinity may transfer the User's personal data to any of its subsidiaries whose business is related to pet food, products and services for the same purposes as set out in the sub-section "Personal data records, purpose and recipients” of this section, namely, "III. Personal Data”, in relation to the line of business of each subsidiary. It may likewise transfer the User's personal data to the Affinity Foundation, whose mission is to promote the role of pets in society, so that the Affinity Foundation is able to inform Users of its activities, services and campaigns.

Moreover, in compliance with and within the scope and restrictions provided for in the regulations, Affinity may assign the User's data to third parties, providing this is done to satisfy a legitimate interest of the party responsible for processing the data or the assignee. Beyond such cases and others provided for by law, Affinity shall not assign the User's personal data to third parties, without the prior express consent of the User on every occasion this occurs.

Affinity hereby informs you that third parties entrusted with processing data as provided for by law, may have access to files held by Affinity in order for them to provide the services and/or fulfil the obligations arising from the legal relationships entered into between third parties and Affinity, in the framework of Affinity conducting its business.

  • The right to access, rectify, cancel and contest data

In respect of the data collected, the Users may exercise their rights as provided for in the LOPD and related regulations and, specifically, the right to access, rectify, cancel and contest data. These rights may be exercised by sending an email with the subject line “Protección de datos” to info@trueinstinct.com or by any postal service, providing Affinity is able to acknowledge the receipt of notifications sent in this way, by writing to the address that appears in point 1 ("General information about the company") in these General Conditions, in which case the reference “Consumer Care - Protección de datos” must appear on the envelope.

  • Warning to minors

Affinity hereby informs the User that minors under the age of 14 may not register on this Website and, therefore, they may not take part in promotional campaigns that Affinity may conduct in relation to its business and products.

Furthermore, Users are informed that if they are aged over 14 but under 18, it is recommended that they tell their parents or legal guardians that they intend to access the Website before doing so, in order that the former explain to them the implications of these General Conditions and, specifically, of the personal data policy contained herein, as well as elucidating on the possible uses to be made of this Website, notwithstanding the specific cases in which by law the parents or legal guardians of minors between the ages of 14 and 18 must give their consent for their personal data to be processed.

  • Cookies policy

Affinity has drawn up this policy to inform Users about what a cookie is, the type of cookies Affinity uses on this Website and how Users can manage them according to their preferences.

When Users visit this Website for the first time, they are informed that cookies will be installed on their computers and about this Cookies Policy. On future visits Users may make to this Website, they may consult this Cookies Policy at any time under the Legal Notice tag at the bottom of the Website.

By simply browsing this Website, Users consent to Affinity installing the cookies on their computers that are described below, unless they have modified the configuration of their browser to reject cookies.

What is a cookie?
Cookies are small data files that some platforms, such as web pages, may install on your computer. They serve several purposes: they allow your browsing preferences to be stored, gather statistical information, enable certain technical functionalities, etc. Depending on each case, cookies are sometimes used to store basic information about the browsing habits of Users or their computers, so that they can be recognised.

Cookies are also used to manage Users' sessions to reduce the number of times they must introduce their passwords or to match the contents on the Website to their preferences. Cookies can be ‘session cookies’, that is, cookies that are erased from Users' computers once they leave the website that generated them or ‘persistent cookies’, that is, cookies that will be stored on Users' computers until a set date.

Why are they important?
Cookies are important for the following reasons: from a technical point of view, they enable websites to work more swiftly and to adapt to User preferences (they store a User's language or currency, for example). Moreover, they help website managers to improve services, thanks to the statistical information they gather from them.

What types of cookies are used on this Website?
The Affinity Website uses various types of cookies:

       • Cookies for internal use
These are cookies that are essential for a Website to work, such as those, for example, that enable the session of registered users to be authenticated and kept logged in when they browse the Website. Disabling these cookies can prevent some of the functionalities on this Website from working properly.

      • Statistics cookies
These are anonymous cookies, which are either processed by Affinity or third parties, that enable Affinity to calculate the number of visitors to the Website and make a statistical analysis of the use Users make of the services on it. Thanks to this, Affinity is able to analyse Users' browsing habits on this Website and improve the products and services offered on it.

Both in the case of cookies for internal use and statistics cookies, Affinity uses:
     • Session cookies that have an expiry of 1 day
     • Persistent cookies that have an expiry of 1 month
     • Policy acceptance cookies that have an expiry of 6 months

Cookie warranties and options
Users may access their browser settings at any time to enable or disable cookies. They may likewise delete any cookies stored at the end of each session.

They may also enable the private browsing option so that the browser history, passwords from websites and other information about the websites Users visit are not stored. To do so, Users should go to the help page of their browser.

¿How can Users change cookie settings?
Users can allow, block or delete the cookies installed on their computers by changing the cookie settings on their Internet browser. Links are given below that will redirect you to the information you need to proceed to change your cookie settings on your browser.

Google Chrome:  http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647
Microsoft Internet Explorer:  http://windows.microsoft.com/es-es/windows7/how-to-manage-cookies-in-int...
Mozilla Firefox:  http://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-lo...
Opera:  http://www.opera.com/browser/tutorials/security/privacy/
Safari in OS X:  http://support.apple.com/kb/ph5042

  • Confidentiality and security in the processing of User data and in electronic messages

Affinity undertakes to process all of the User's personal data in the strictest confidence by adopting the technical and organisational security measures necessary to guarantee the security of personal data and prevent their alteration, loss, unauthorised processing and/or access, based on the state of the technology, the nature of the data stored and the risks to which they are exposed, pursuant to the provisions of the LOPD and related regulations. Affinity ensures, insofar as it is able and in line with the current state of the technology, the confidentiality and integrity of the data and information that the Users provide in fulfilling the abovementioned purposes.

IV. Intellectual property

This Website may include, by way of example but not limited to, information, data, contents, texts, documents, advertising materials, clinical/research studies, drawings, technical or other classes of product specifications, databases, sounds, software, corporate symbols, signs, trademarks, graphic designs, a combination of elements, logos and images, which are protected by intellectual or industrial property rights that Affinity holds or is a legitimate licence holder thereof.

Thus, it is strictly prohibited to totally or partially reproduce, publicly disclose, modify, transform, copy, distribute or in any other way exploit or handle this Website, its technical devices, contents, applications, source codes, design, selection of materials and the way they are presented and, in general, any other information contained on this Website.

Likewise, it is prohibited to take apart, perform reverse engineering on or, in general, in any way transfer or produce works using the software programs required to run and access this Website and the services offered on it, as well as to exploit these elements in any way whatsoever. Specifically, it is prohibited to create links, hyperlinks, frames or similar links that may be posted on the Website, without the express prior consent of Affinity.

V. Use of services and contents

All Users who access this Website must make proper use of its services and contents in line with the philosophy of this Website, as described in this section, and under the principles of good faith and in compliance with current laws.

Therefore, in the case of any services offered or that may be offered on this Website (such as chats, forums and newsgroups), or through official profiles on Social Media, where the opinions of Users may be posted or where they may store contents, the User undertakes not to publish, divulge, disseminate, disclose or distribute any type of material and/or, in general, information or opinions, whose contents go against the legislation in force, moral conduct or public order, are libellous or pornographic, or that tarnish the reputation and image of Affinity or any other third parties.

Users likewise undertake to solely and exclusively perform such actions related to the contents if they lawfully hold the corresponding exploitation rights as provided for by law, namely, the rights to reproduce, distribute, publicly disclose or transform the contents.

Furthermore, it is prohibited to make use of any of the services offered or that may be offered on this Website (such as chats, forums and newsgroups) for profit or in such a way that involves or may involve damage to or unfair competition against the Website and Affinity (that is, conduct such as diverting traffic to another website).

This undertaking also applies to the use of the services offered or that may be offered on this Website. Such use must be in line with the main objective and philosophy of this Website, namely, that the Users may receive and/or share information and experiences about the world of pets and Affinity's products and services on the space designed to do so.

Affinity may not be held liable for any third party contents (such as comments, photographs, videos, chats, forums, newsgroups, etc.) that are in breach of the above and, likewise, it reserves the right to amend or, if necessary, immediately withdraw such contents or information, without this giving rise to indemnity of any kind to the User responsible for posting such contents or information on this Website.

To this regard, Affinity enables the Users of this Website to report and make Affinity aware of any abuse, incidents, violation of rights, inappropriate contents or contents that are in breach of the provisions in these General Conditions that may appear on this Website of which they become aware by sending a message using the “Contact us” tab on the left-hand side of our Website. Users must give a brief description of the reasons for their complaint or of the incident in question. Affinity shall act with the necessary diligence in response to a complaint in order to remove or block access to the corresponding data or information. In this regard, the User is hereby informed that the personal data of the informant and the accused may be processed by Affinity for the purposes of investigating the abuse, incident, content or breach reported and deciding whether the competent public authorities should be made aware of this, in which case the data referred to shall be disclosed to the public and/or judicial authorities, and to law enforcement bodies and agencies. Notwithstanding this possibility of divulging and reporting information offered by Affinity, the User may use other systems for divulging and reporting information contained on the Social Media on which Affinity has created official profiles.

The User is hereby informed that the contents on this Website stored by the User as a consequence of using this Website shall imply the assignment, free of charge for an indefinite period, to Affinity of all of the exploitation rights over the contents referred to, that is, the rights to reproduce, distribute, publicly disclose and transform such contents.

VI. Participation in competitions and promotions

Should the data provided by Users following their participation in competitions and promotions be collected for processing, they shall be duly informed of this in the competition or promotion rules in question and, if applicable, in all other related information provided. However, by way of example but not limited to, the Users are hereby informed that their participation shall be subject to their data being processed for the purposes of sending advertising or promotional messages (including electronic marketing messages) related to Affinity's products, services and activities, as well as for managing their participation in each specific promotion or competition and verifying that the Users fulfil the necessary requisites for receiving the prize given in a promotion or competition, in order to award or send the prize to the winner and to publish the names of the winners and/or materials awarded a prize on this Website and other websites and other media, notwithstanding any other purposes that may be established in each specific competition or promotion.

The Users are likewise informed that whenever any contents are posted on this Website as a result of their participation in a competition or promotion, their acceptance of the terms and conditions of the competition or promotion in question and these General Conditions shall imply the assignment, free of charge for an indefinite period, to Affinity of all of the exploitation rights over the aforementioned contents.

VII. NUTRITION QUESTIONS Section.

This Website may include the “NUTRITION QUESTIONS” section. This section is an online communication service that offers opinions of an illustrative, informative and/or educational nature in relation to questions about nutrition that the user may ask. By no means are such views intended to or should replace the corresponding visit and consultation with a professional veterinarian, as those veterinarians who provide their opinion on “NUTRITION QUESTIONS” do so without physically examining the dog/cat in question. Therefore, anything posted on this Website cannot nor is intended to be used as a veterinary diagnosis or treatment.

In no event shall Affinity be liable for the improper or incorrect interpretation, use or application of the opinions provided in the “NUTRITION QUESTIONS” section.

Both the questions posed by Users as well as any documentation that Users attach as documentary support may be published by Affinity on its Website and be visible to other users of the same. Therefore, Users that ask questions that reference real veterinary clinical cases guarantee that consent of the owner of the pet referred to in each case has been previously obtained in order for it to be posted on the Website. Additionally, should third party personal data figure in the question or the attached supporting documentation, the User guarantees that consent for said data to be published on the Website has been previously obtained. If the User has not obtained such consent, the question may still be posted on the Website provided that any reference to third party personal data is removed or deleted.

Also, should questions be posted about case studies given to veterinary school students during the course of their studies, or include fragments of veterinary books or texts, the User must hold the corresponding intellectual property rights or have obtained the necessary license or authorisation to use them in the “NUTRITION QUESTIONS” section.

Veterinarians who answer the questions that Users post in the “NUTRITION QUESTIONS” section shall attempt to answer as soon as possible, depending on their availability.

In the “NUTRITION QUESTIONS” section Affinity offers Users the possibility to report and to inform Affinity, through the e-mail info@trueinstinct.com, of any abuse, incidents, violations of rights, inappropriate content or content that breaches the provisions of these Terms and Conditions, the law on data protection and, in general, the legal system that may appear in this section, that Users may be aware of, as detailed in paragraph V “Use of services and content” of these Terms and Conditions. Affinity shall act with the necessary diligence in response to a complaint in order to remove or block access to the corresponding data or information.

VIII. Social media

The processing of the data of Users who become followers of the official profiles of Affinity and its brands shall be governed by the terms and conditions provided for in these General Terms and Conditions (section "III. Personal Data”), and, subsequently, by the privacy policies, and terms and conditions of use that may be established by the Social Media used.

Affinity shall process the data of the Users who become followers or fans of any of the abovementioned profiles, for the purposes described in section "III. Personal Data" of these General Terms and Conditions, as well as for the purposes of properly managing the aforementioned profiles and finding out the opinions and/or comments of Users. By becoming a fan or follower, the Users consent to their data being processed in line with the purposes set out in the environment of the Social Medium.

Affinity may remove any information or content from its profile that goes against the rules set out in the general terms and conditions of use of the Social Medium in question, as well as against the provisions set out in these General Conditions.

Users may exercise their rights to access, rectify, cancel and contest their data at any time, in the way described in the section "The right to access, rectify, cancel and contest data" above. In any event, Users may delete their follower status on the official sites of Social Media by following the steps set out in the terms and conditions of use of any given Social Medium, in which case Affinity shall not be able to intervene in this process. Users are likewise reminded that any modifications or amendments to their data on Social Media must be made through their user settings, as Affinity is unable to make such changes.

In order to submit any queries related to the way the Social Media on which Affinity has official profiles process the personal data of followers, the User may contact Affinity at the following email address:info@trueinstinct.com.

IX. Release of liability

Affinity provides its users with pieces of information, which, despite being compiled by professionals in the sector and the diligence taken in drawing them up, may contain inaccuracies or errors, or they may not be up to date when the User accesses them. Therefore, having made the User aware of potential inaccuracies in the content of this Website, Affinity may not be held liable for damages arising from the hypothetical lack of reliability, completeness and/or relevance of the contents in addition to possible typing errors, shortcomings or flaws in figures that may be posted on the Website.

Furthermore, Affinity may not be held liable for outages in the service, its malfunction or problems with the data network connections through which this Website is accessed, whatever the origin of the malfunction.

Affinity is unable to guarantee that the contents on this Website are suitable or available outside of Spain. Should all or part of the contents on this Website be considered illegal in countries outside Spain, their access and use by Users shall be prohibited and, in the event that they do access them, the User shall be solely responsible for their use.

The use that may be made of the information and contents that appear on this Website and/or access to other third party websites through the links posted on this Website shall remain the sole responsibility of the Users who perform such actions. Under no circumstances may Affinity be held liable for any damages that may be sustained from such use or activities.

As a consequence, the User expressly and fully accepts that the access to and use of this Website is undertaken under sole and exclusive responsibility of the User.

X. Applicable law and jurisdiction

These General Conditions and any matters related to their interpretation, performance or non-performance shall be governed by Spanish law, notwithstanding any EU regulations and international treaties to which they may be subject.

Furthermore, Affinity and the User submit, with express waiver of any other jurisdiction to which they may have recourse, all matters, incidents or disputes that may arise related to this Website, to the Courts and Tribunals to which Affinity is subject by virtue of its registered address as stated above, notwithstanding any other jurisdictions to which it may be subject by virtue of the application of EU Regulation 44/2001 or any other EU regulations and international treaties to which it may be subject.