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General Terms of Use - Breeders

 

 

 

[Crown Pet Foods Ltd], registered in England and Wales under company number [2744493], having the VAT registration number [GB 586 3266 09] and having its office at [ Oak Tree Meadow, Blackworthy Road, Castle Cary, Somerset, BA7 7PH] (“Royal Canin”) provides a digital platform called “Royal Start” designed for Breeders and accessible from the internet on the dedicated website [https://breeder.royalcanin.com/login] (hereinafter referred to as the “Platform”).

 

The Platform is designed to support Breeders in their daily practice through innovative servicesfocusing on:

·       Animal management (including weight management and health / reproduction monitoring)

·       Task management (either administrative, medical or related to the daily breeding activities)

·       Communication with the pet owner (sharing of information and documents relating to the pet, declaration of sale, etc.)

 

The Platform is a support and assistance tool for Breeders but should in no way be a substitute for the Breeders’ expertise, and for the examination, diagnosis and treatment of the animals by a vet when needed. All content provided on the Platform is for general information only and it not intended to amount to advice on which Users should rely.

 

THE FOLLOWING TERMS AND CONDITIONS APPLY TO USE OF THE PLATFORM:

 

DEFINITIONS:

 

Terms starting with a capital letter shall have the meaning indicated below. Unless otherwise stated, words in the singular include the plural and words in the plural include the singular.

 

Animal means cat(s) and/or dog(s) from the Breeding Kennel/Cattery, consisting of breeding animals, litter, or young single animals born in the Breeding Kennel/Cattery.

 

Breeder means a natural person engaged in a cat’s and/or dog’s breeding activity, or a qualified representative of a business engaged in a cat’s and/or dog’s breeding activity, who in either case has executed a partnership agreement (the “Breed Agreement”) currently running with Royal Canin.

 

Breeder Account means the Breeder’s account allowing the Breeder to access the Platform and use the Services after acceptance of these Terms of Use.

 

Breeding Kennel/Cattery means an organisation or facility registered with the Platform where one or more Breeders carry out their cats and/or dogs breeding activity.

 

Data Privacy Legislation means all laws and regulations, in any country of the world, which protect the privacy rights of individuals, in so far as those laws and regulations apply to the processing of personal data in connection with this Agreement, including without limitation Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 (the “GDPR”), EU Member State laws which implement and/or supplement the GDPR, the GDPR as it forms part of the domestic law of the United Kingdom by virtue of the European Union (Withdrawal) Act 2018 as amended (the “UK GDPR”), national implementations of the ePrivacy Directive 2002/58/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Data Protection Act 2018, any legislation which amends or replaces these laws, and any other data protection legislation enacted by the European Union (EU) and member states of the EU, US federal and state laws relating to data privacy, and similar measures.

 

Data Security Breach means (1) any unauthorised access to or acquisition of data that compromises the security, confidentiality or integrity of personal data, or (2) any unauthorised disclosure of, access to or use of any personal data, or (3) any unauthorised intrusion into systems containing personal data resulting in unauthorized access or access in excess of authorisation

 

Personal Data has the meaning set forthat article 4.1 of the GDPR.

 

Pet Owner means a natural person who is a client of the Breeder and who has, depending on the context, purchased or firmly reserved an Animal, from the Breeder.

 

Services means the specific applications designed to support Breeders’ breeding activity which are available on the Platform and subject to these Terms of Use, such as described in Article 3 below.

 

Terms of Usemeans these terms, which set out the general conditions applicable to registration on Platform and use of all Services provided thereof.

 

Usermeans a Breeder who has created a Breeder Account and accepted these Terms of Use.

 

User Content means all trademark, copyright, logo, trade name, company name, documents, data and information uploaded by the User on the Platform,includingany photos or written materials filled in by the User.

 

Article 1: Acceptance of the Terms

 

Registration and navigation on the Platform, as well as use of the Services, are subject to the full acceptance of these Terms of Use by the User.

 

These Terms of Use form a contract between Royal Canin and the User.

 

If the User refuses to be contractually bound by the Terms of Use, the User may not use the Services.

 

The Terms of Use are available at any time on the Platform.

 

Article 2: Registration on and Access to the Platform

 

2.1 Conditions for User’s Registration

To register on the Platform, Breeders must be members of the Royal Canin Pro Club and be resident or based in the United Kingdom or the Republic of Ireland.

Neither the Platform nor its content are publicly accessible. Upon connecting to the Platform, the Breeder will be asked to create a Breeder Account or log in to a preexisting account with Royal Canin (if any). For the creation of a new Breeder Account, the Breeder shall give true, correct and complete information about his/her identity, and fill in his/her Breeder ID such as provided by Royal Canin as part of the Breed Agreement. The login shall be an e-mail address of the Breeder‘s choice and the Breeder will need to create a password (the “Login Details”). Once the Breeder Account has been created, the information related to the Breeder Account is accessible via the tab “Account”. The User can update such information at any time and shall do so when it is necessary for the use of the Services. In particular, the User can complete the information about his/her activity in order to benefit from an adjustment of the Services according to the specific features of his/her activity (for example, modify the species and breed settings).

The User: (a) guarantees the truthfulness, accuracy and completeness of the information provided to Royal Canin and will be solely responsible for any error, omission and update; (b) undertakes to promptly update the data and information provided when necessary; and (c) must, if no longer able to practice his or her breeding activity under the conditions of the Breed Agreement: (i) promptly notify Royal Canin by e-mail; and (ii) immediately stop using the Platform.

 

The User warrants that he or she has the necessary authorisations from the Breeding Kennel/Cattery to which he or she is registered or with whom he or she is affiliated to create a Breeder Account and that he or she has complied with all applicable laws in connection with their breeding activities, including any applicable licensing requirements.

 

2.2 Access to the Platform

As soon as the User accepts the Terms of Use, the User: (a) may access the Platform via the Breeder Account, using the Login Details; (b) must take all necessary precautions to ensure the confidentiality, security and correct use of the Login Details, in order to prevent them from being disclosed to or used by unauthorised third parties; and (c) is able to authorise use of the Breeder Account by their nominated users, but remains solely responsible for the use by any other person of the Login Details as well as for all operations carried out via the Breeder Account. Any activity connected to the Breeder Account and/or transmission of data made using the Breeder Account will be deemed to have been made by the holder of said account and under the User’s sole responsibility. In the event of fraudulent use of the Login Details, the User undertakes to inform Royal Canin in writing as soon as possible.

 

The User undertakes to make proper use of the Platform and to comply with these Terms of Use.

 

At any time and upon request to Royal Canin, the User can delete his/her Breeder Account via the account settings in the Breeder Account or by submitting a request to have their data deleted through this webpage: https://privacyportal-eu-cdn.onetrust.com/dsarwebform/5f2759ff-9efe-412c-a3be-f13092d2c945/1196308b-d538-4f19-bbd4-b76a9ec8463f.html. This will resulting in the permanent deletion of the User’s Breeder Account.

 

2.3 Independence of the Breeder

Royal Canin undertakes to allow Users to respect any applicable professional rules and standards governing their breeding activities.

 

Article 3: Services Offered by the Platform

 

3.1 Description of the Services

The Platform is intended to: (a) help the User to manage the information about Animals of his/her Breeding Kennel/Cattery; (b) create and manage tasks; and (c) communicate with the Pet Owner. The User remains free at all times to use or not use all or part of the Services.

 

3.1.1 Management of Information about Animals of the Breeding Kennel/Cattery

The User can use the Platform to register either a breeding Animal, a litter or a newborn Animal in the Breeding Kennel/Cattery.

In this regard, the following functionalities are open to the User:

 

a) Animal‘s Profile

The User can connect to the Platform in order to create a profile for each Animal of the Breeding Kennel/Cattery (the “Profile”). The User has the option of creating a profile for a breeding Animal, a litter or a single newborn or young Animal as part of a litter. A breeding female must be added before creating newborn Animals. Users must then fill in standard information about the Animal such as, without limitation, the name of the Animal, its birth date, its birth time, its status (available, sold, booked etc.).

The process for creating, modifying or deleting the Profile of an Animal, is further described in the Support section of the Platform https://breeder.royalcanin.com/support-page/details/animals. It is acknowledged that the Profile of a breeding female cannot be deleted if she is the mother of one of the puppies or kittens of the Breeding Kennel/Cattery.

The Profile will be made available to the User through the “Profile” tab and will recap all the information provided by the User about the Animal.

b) Documents and Photos
The User can import different contents on the Platform via two features: (a) “documents” which can be used to add various type of documents (PDF, Word, Excel, PowerPoint, as well as photos, videos and music, as long as the files are not over 20 MB); and (b) “life story” which can only be used to add and manage photos. The User can create and complete the life story of each Animal registered on the Platform. This consists in uploading pictures of the Animal and commenting on such pictures.

The process for adding Documents or other materials to an Animal’s Profile is further described in the Support section of the Platformhttps://breeder.royalcanin.com/support-page/details/documents.
  
c) Health Tracking

The User can provide health information about each Animal registered on the Platform, consisting of: (a) weight tracking; (b) risk status; (c) free comments (referred to as the “note book”); and (d) (for breeding Animals only) reproductive cycles management (the “Health Information”).

On the basis of the Health Information provided, the weight curve of the Animal and information on the health condition of the Animal will be made available to the User by Royal Canin.

In the case of dogs only, on the basis of the Health Information provided by the User, a puppy will be automatically identified by the Platform as being “at risk” in the following two cases: (a) the User entered a birth weight which is too low according to the criteria set up by Royal Canin and detailed in the following section: https://breeder.royalcanin.com/support-page/details/weight – the puppy will be identified as at risk for a 48-hour period; and (b) the User entered a 48-hour weight (meaning the weight of the puppy 48 hours after birth) that is more than 4% below the birth weight – the puppy will be identified as “at risk” for a period of 56 days.

The User can also choose to manually activate or deactivate the at-risk statusof each Animal, irrespective of any automatic status identified by the Platform following the completion of Health Information, if the User considers the weight of the puppy to be safe. Royal Canin accepts no responsibility in respect of any deactivation of a puppy’s at-risk status by a User.

It is acknowledged that the information on the Animal’s health condition are only for indicative purposes and will be provided for a limited period of time which will be indicated on the Platform. The User further acknowledges that the Platform can and shall never replace a vet’s examination and diagnosis of that Animal’s health.

The User expressly authorises Royal Canin to make use of the Health Information, including for any scientific, research or educational purposes.

The processes to carry out health monitoring, weight tracking and reproductive cycle management are further detailed in the “Support” section of the Platform: https://breeder.royalcanin.com/support-page.

d) Sale Declaration

The User may declare the sale of an Animal on the Platform, in order to be awarded loyalty points as part of Royal Canin’s Loyalty Program, within the conditions provided in Article 7 below.

On the sale of an animal, the User will be invited to enter data about the Pet Owner, in order to share information with him/her, in line with the conditions of Articles 3.1.3 and 10.1 below.


3.1.2 Task Management

The User can create tasks manually or program tasks with the “Plan” feature. These tasks may be administrative, medical or related to the daily breeding activities.

The processes for creating tasks, assigning a plan to an Animal and exporting the tasks are further described in the Support section of the Platform: https://breeder.royalcanin.com/support-page/details/tasks.

 

3.1.3 Communication with the Pet Owner

The User can share some information with the Pet Owner concerning his/her Animal via the Platform. The User can choose which document he or she wishes to share with the Pet Owner. By default, all documents have a shared status.

To share the relevant information, the User must fill in the email address of the Pet Owner at the time of declaring the sale on the Platform. After validation of the Pet Owner’s e-mail address, an email will be automatically sent to the Pet Owner through the Platform, with the Breeder’s advice on how to welcome the pet, as well as an invitation to register on a dedicated interface of the Platform or another local Royal Canin platform in order for the Pet Owner to view information on his/her future pet, and to receive a free welcome box and opt-in for marketing communications.

The User can cancel an invitation at any time before the Pet Owner accepts it and after such acceptance if the sale of the Animal has been cancelled.

Only one invitation to register can be sent per Animal. However, if an invitation has been cancelled, the User will be able to send a further invitation relating to the same Animal to the new Pet Owner.

 

The process for sending e-mails to Pet Owners is further described in the Support section of the Platform https://breeder.royalcanin.com/support-page/details/sellpet.

3.3 Interruption and Modifications of the Services

As the Platform is an evolving tool, the User acknowledges that access to and use of the Platform and/or Services may be temporarily interrupted for business, technical or operational reasons, such as to implement updates or carry out maintenance. In such circumstances, Royal Canin will make efforts to give Users reasonable notice of any interruption and resume access to the Services as soon as reasonably practicable.

 

The Services on the Platform may be modified or discontinued at any time. Royal Canin may, in its sole discretion, modify the Services, remove or replace certain Services or provide new Services. When a Service will be removed or replaced, Royal Canin will make efforts to provide reasonable notice to Users of any removal/replacement of all or part of the Services.

 

Royal Canin will not be liable for any modification, removal or interruption of all or part of the Services, including for any loss of User Content.

 

Article 4: Proper Use of the Platform and the Services

 

The User shall use the Services only in connection with breeding activities, in strict compliance with the applicable rules and standards that govern the Breeders’ breeding activities, and in accordance with the description of the Services.

 

The User is responsible for all User Content and undertakes to provide accurate, complete and up-to-date User Content.

 

The User acknowledges that the recommendations and/or data automatically provided by the Platform regarding Animal management and/or health conditions cannot under any circumstances replace a medical examination. It is therefore the sole responsibility of the User to have the Animals examined as often as necessary by a vet.

 

In using the Platform or the Services, the User undertakes not to engage in acts or behaviors of any nature (in particular, without limitation, downloading, sending, diffusion, edition, emission, publication): (a) that breaches any applicable law, regulation, rules or standards; (b) that is fraudulent or has any fraudulent purpose or effect; (c) for the purpose of harming or attempting to harm anyone in any way; (d) to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of solicitation; (e) to deliberately download, upload, disseminate or forward any information, data including or constituting computer virus or any other code or computer program conceived to interrupt, destruct, distort or limit the features of any software, computer, service or online communication tool; (f) to deliberately download, upload, disseminate or forward any false information, illegal, inappropriate or improper content; (g) to disrupt, slow down, block or alter the normal data flow exchanged through the Platform and the Services; or (h) to reproduce, copy, sell, exchange, resell, or use to any commercial purpose any part of the Platform or the Services.

 

User Content must not: (a) contain any material which is defamatory of any person; (b) contain any material which is obscene, offensive, hateful or inflammatory; (c) promote sexually explicit material; (d) promote violence; (e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (f) infringe any copyright, database right or trade mark of any other person; (g) be likely to deceive any person; (h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (i) promote any illegal activity; (j) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; (k) be likely to harass, upset, embarrass, alarm or annoy any other person; (l) be used to impersonate any person, or to misrepresent the User’s identity or affiliation with any person; (m) give the impression that it emanates from Royal Canin, if this is not the case; (n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; (o) contain any terrorist content; or (p) contain a statement which the User knows or believes, or has reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

 

Article 5: Duration, Termination and Suspension

 

The Terms of Use come into force for an indefinite period as from their acceptance by the User.

 

Royal Canin will determine whether there has been a breach of these Terms of Use or if activities occur on a Breeder Account which, in Royal Canin’s reasonable belief, would or might cause damage to or impair the provision of the Platform or infringe or violate any third party rights, or violate any applicable laws or regulations. Where a breach of the Terms of Use or any of the aforementioned activities has occurred, Royal Canin may take such action as it deems appropriate, which may include but is not limited to: (a) the immediate, temporary or permanent deactivation of the User’s Breeder Account; (b) the issue of a warning to the User; and/or (c) legal proceedings against the User for reimbursement of all costs and losses resulting from the User’s actions.

 

In accordance with Article 2.2 of these Terms of Use, a User can at any time request for his or her Breeder Account to be deleted, which will result in the permanent deletion of the User’s Breeder Account.

 

In the event of termination of the Breed Agreement, Royal Canin will terminate the User’s access to the Platform. The User is solely reasonable for downloading the information available on the Platform and such information will no longer be available after termination of the User’s access to the Platform.

 

Royal Canin accepts no liability for actions taken in response to breaches of these Terms of Use.

 

Article 6: Fees

 

Access to the Platform is made available to Users free of charge. However, fees for certain future functionalities might be charged by Royal Canin to the holder of the Breeder Account in accordance with special conditions governing such functionalities, subject to Royal Canin giving the holder of the Breeder Account reasonable notice before charging any such fees.

 

Article 7: Loyalty Program

 

As part of Royal Canin’s loyalty program, Royal Canin will offer the User loyalty points in exchange for taking certain actions on the Platform (“Loyalty Program”), including for: (a) creating a Breeder Account; (b) registering a new litter; (c) registering a valid sale of an Animal on the Platform (subject to the mention of a valid identification number of the Animal, meaning a chip number or tattoo number); and (d) a Pet Owner’s use of a coupon received in the welcome box following that Pet Owner’s registration to receive the welcome box on a dedicated Royal Canin website.

 

To learn more about Royal Canin’s loyalty program, please consult the following link: https://pro.royalcanin.co.uk/terms-conditions/#tscs. 

 

Article 8: Liability

 

8.1 Royal Canin’s Liability 

Subject to Article 8.1.1, Royal Canin shall not be liable for any loss or damage arising in connection with: (a) unavailability of or inability to access or use the Platform and/or of all or part of the Services; (b) any loss of User Content; or (c) any viruses or technologically harmful material introduced by a third party on the Platform. Royal Canin does not guarantee the accessibility and permanent, proper functioning of the Platform and the Services, which the User acknowledges and accepts. An interruption or suspension of the Platform and/or of all or part of the Services is possible at any time, including for technical or security reasons.

 

Subject to Article 8.1.1, Royal Canin shall not be liable for any loss or damage arising in connection with use of or reliance of any content or information displayed on the Platform or provided as part of the Services. The Platform provides initial indicative recommendations based on information provided by the User and shall not, in any case, replace the independent and professional expertise, judgment and diagnosis of a vet. In the event of any doubt of any kind concerning the health of an Animal, it is the responsibility of the Breeder to have the Animal examined by a vet. Royal Canin shall not be held liable if the information appears to be inadequate or if the health condition of an Animal is not in line with the information provided on the Platform.

 

Subject to Article 8.1.1, Royal Canin shall not be liable for any: (a) loss of profits, sales business or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity; (e) goodwill or reputation; or (f) any indirect or consequential loss or damage.

 

Subject to Article 8.1.1, in respect of Users acting for purposes relating to their trade, business or profession, Royal Canin excludes all implied conditions, warranties, representations or other terms that may apply to the Platform or the Services.

 

Royal Canin shall not be liable whatsoever in relation to any User Content, which is provided by the User under its sole responsibility. The User is solely responsible for securing and backing up User Content.

 

8.1.1 Liability that is not Excluded

Nothing in these Terms of Use will operate to exclude or limit Royal Canin’s liability to the extent that such liability cannot be excluded or limited under applicable laws. This includes (but is not limited to) liability for: (a) death or personal injury caused by our negligence or the negligence of Royal Canin’s employees, agents or subcontractors; or (b) any fraud or fraudulent misrepresentation. If the User is carrying out breeding activities merely as a hobby and not for purposes relating to their profession or business, the User may have statutory rights under consumer law, in which case such rights continue to apply and are not affected by any provision in these Terms of Use.

 

8.2 User’s Liability

The User is solely responsible for: (a) complying with the applicable rules and standards governing the breeding activity; (b) the decision to register on the Platform and to use the Services; (c) the management and health tracking of the Animals of the breeding and the decision to have them physically examined and treated by professional vets as often as necessary; (d) the choice to share certain information or recommendations provided by the Platform as part of the Services with the Pet Owners; (e) the accuracy and reliability of the User Content uploaded on the Platform including, but not limited to: (i) data and information relating to the Animals, their characteristics, and health conditions; (ii) data and information relating to the Pet Owners; and (iii) where applicable, free commentaries and modification of the data automatically provided for or calculated by the Platform as part of the Services; (f) the execution of its own contracts with the Pet Owners; (g) securing and backing up User Content; and (h) any direct and/or indirect damage suffered by a Pet Owner or a third party as a result of any information provided by the Platform or the Services which the User makes available to the Pet Owner.

 

The User: (a) shall indemnify, hold harmless and defend Royal Canin against any action, proceedings, claim, complaint or demands whatsoever, by any person (including Pet Owners) arising out or resulting from the User’s activity or use of the Platform, including any content and information shared with Pet Owners from or via the Platform; and (b) undertakes to bear all costs, attorneys’ and experts’ fees and all damages that Royal Canin may be ordered to pay in this context by a court decision relating to the formation, performance and/or termination of a contract concluded between the User and a Pet Owner, without prejudice to any damages that Royal Canin may claim from the User.

 

Article 9: Intellectual Property

 

9.1 Content of Royal Canin

All intellectual property rights in relation to the Platform and its content (texts, images, videos, databases, sounds, photographs, business names, logos, trademarks, etc.) but excluding the User Content, are and remain the property of Royal Canin and/or its affiliates, or are subject to licences and/or authorisations granted to us by third parties.

 

The User is only authorised to use the Platform and its content in accordance with the Terms of Use. Except for content specifically intended to be shared with Pet Owners, the User may not reproduce, make available to the public, perform, publish or modify any part of the Platform and its content without the prior written agreement of Royal Canin.

 

9.2 User Content

As part of its use of the Platform, the User will be able to upload User Content. Any User Content will be considered non-confidential.

 

The User grants Royal Canin and its affiliates a royalty free, non-exclusive, worldwide, transferable licence, for the entire duration of the related intellectual property rights, to make use of the User Content for any reason in connection with the provision of the Services, including for the purpose of promoting and advertising the Platform to third parties.

 

The User represents and warrants that User Content is free from third party rights, including any intellectual property rights or rights to privacy. The User shall accordingly indemnify, defend and hold Royal Canin harmless from any claim or legal action of a third party related to Royal Canin’s use of the User Content within the scope of the licence.

 

Article 10: Personal Data Protection

 

10.1 Pet Owner’s Personal Data

 

In the context of the sale and/or booking of an Animal, the User is free to register in the Animal’s Profile certain personal data concerning the Pet Owner (notably his or her first name, last name, email address and the date of sale) (“User Registered Owner Data”) for the purpose of managing the commercial relationship, and notably sending an e-mail to the Pet Owner, within the conditions provided in Article 3.2.3 above.

 

In respect of User Registered Owner Data, as well as any personal data which the User obtains from the Platform,  the User and [Crown Pet Foods Ltd] may each be considered controllers (as defined under the GDPR) of such personal data which is acquired or shared under this Agreement:

 

1.     the User and [Crown Pet Foods Ltd] will not be acting as Joint Controllers.

 

2.     the User and [Crown Pet Foods Ltd] will each ensure full compliance with the applicable Data Privacy Legislation in respect of their data processing obligations under this Agreement. The Mars Data Processing Policy at https://www.mars.com/about/policies-and-practices/data-processing) may be used as a checklist to verify compliance with these requirements.

 

3.     the User and [Crown Pet Foods Ltd] will avoid doing anything that might put the other party in breach of its data protection obligations pursuant to Data Privacy Legislation.

 

4.     the User and [Crown Pet Foods Ltd] will reasonably assist the other party with its own compliance with Data Privacy Legislation, or as necessary in order to appropriately response to requests from Pet Owners, regulatory authorities or other third parties where necessary and in a position to do so.

 

5.     the User and [Crown Pet Foods Ltd] will implement and maintain appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access.

 

6.     the User shall only retain personal data obtained via the Platform for so long as they have a legitimate purpose to keep such personal data in identifiable form.

 

7.     the User will immediately notify [Crown Pet Foods Ltd] if they know, discover or reasonably believe that there has been a Data Security Breach.

 

8.     If a situation arises where it is appropriate for the relationship to be properly characterised as one of 'data controller' and 'data processor' (as defined under the GDPR), this will be agreed in advance. In those circumstances, where the User is instructed in the capacity of a 'data processor', the Mars Data Processing Policy will apply.

 

As the party that is collecting the personal data from the Pet Owner, the User represents, warrants and undertakes that it has all necessary rights, consents and legal bases to collect and provide User Registered Owner data to [Crown Pet Foods Ltd] and / or applicable third parties and to permit such party to process and use such personal data.  In particular, the User shall obtain consent from the Pet Owner to: (a) collect and share their personal data on the Platform; and (b) enable the [Crown Pet Foods Ltd] to send direct marketing emails to the User. The User shall provide evidence of such consents upon request, and indemnify [Crown Pet Foods Ltd] in the event that the User does not have the lawful rights to collect, use and share the personal data.

 

Therefore, the User shall ensure that the collection and processing of the Pet Owner’s Personal Data are made in compliance with the applicable Data Privacy Legislation, including in particular the rules on the mandatory information to be provided to data subject prior to the collection of their Personal Data, and, where applicable, the rules relating to prior consent.

 

The User shall be responsible to ensure that the period of retention of the Pet Owner’s Personal Data on the Platform is compliant with the Data Privacy Legislation (i.e. that the data is deleted when it is not anymore strictly necessary to the User) and to delete the Personal Data if the Pet Owner exercises his or her right to object to processing.

 

The User shall not make any use of the Pet Owner’s Personal Data on behalf of Royal Canin and shall indemnify, defend and hold Royal Canin harmless in case of any claim or legal action from a Pet Owner in relation to any use of his/her Personal Data by the User.

 

For more information regarding the processing of Pet Owners Personal Data by the Platform on behalf of the User, please refer to the Privacy Statement (­[https://www.mars.com/privacy]).

 

10.2 User’s Personal Data

 

The User’s personal data will be processed in accordance with the Mars Privacy Statement [https://www.mars.com/privacy].

 

Article 11: Insurance

 

The User acknowledges that he or she has taken out an insurance policy with an insurance company known to be solvent and that the User remains the holder, for the entire duration of the Terms of Use, of an insurance policy covering his/her professional civil liability risks up to an amount that would be deemed reasonable taking into account the nature of their activities as a Breeder. All types of damage (physical, material, intangible, consequential or not) must be covered by the policy.

 

Upon request at any time, the User will provide a certificate of insurance to Royal Canin

 

Article 12: Confidentiality

 

The User undertakes to keep strictly confidential all information relating to Royal Canin and the Platform and to Royal Canin (where such information has been made available to the User through the Platform), except for information that is properly in the public domain through no action or fault of the User or that are directly intended to be shared with Pet Owners, such as photos, information and document related to the Animals. The User will take the necessary measures to ensure that this obligation is respected by the members of the Breeding Kennel/Cattery and by any subcontractors.

 

The User’s confidentiality obligations will apply during the use of the Platform and for a period of 5 years after the termination of these Terms of Use.

 

Article 13: Modification of the Terms of Use

 

The User acknowledges and accepts that the Platform developed by Royal Canin is an innovative tool and will evolve in order to add, replace or remove certain features.

 

Royal Canin reserves the right to amend the Terms of Use at any time.

 

Upon the User’s first log on to the Platform after the Terms of Use have been amended, the User will be notified that the Terms of Use have been updated and be provided with the opportunity to read and review the new Terms of Use, and either: (a) accept; or (b) refuse them. If the User refuses the new Terms of Use, the User’s access to the Platform will be deactivated and the User will not be able to use the Services anymore.

 

The current version of the Terms of Use is available at any time on the Platform.

 

Article 14 : Final Provisions

 

14.1 No Waiver

 

If Royal Canin does not take advantage of or enforce any of the provisions of the Terms of Use, it may not be interpreted by the User as a waiver of it.

 

14.2 Independence of the Parties

 

Royal Canin and the User are independent entities, acting in their own name and under their sole responsibility. It is specified that the User carries out his or her activity on the Platform in complete autonomy and at his or her own risk.

 

14.3 Law and Jurisdiction

 

These Terms of Use (and any non-contractual dispute arising out of or in connection with it) are governed by the laws of England and WalesAny dispute between Royal Canin and the User arising out of the interpretation, execution or termination of these Terms of Use which cannot be resolved amicably shall be settled by the competent courts of England and Wales notwithstanding any incidental claim or guarantee, or in the event of multiple defendants, except if the User is acting as a consumer and is a resident of the Republic of Ireland, Northern Ireland or Scotland, that User may also bring proceedings in their home jurisdiction.

 

 

 

Special Conditions of Use

Service: Recommendation Portal

 

If the Service described in these Special Terms is available to the User on the Platform, these Special Terms shall apply.

 

Royal Canin provides a Service on the Platform to make a nutritional recommendation after a Pet has been reserved.

 

BY USING THE SERVICE, YOU EXPRESSLY AGREE TO THE FOLLOWING TERMS:

 

Article 1 - Description of the Service

 

As part of the Royal Start Platform, Royal Canin provides a service, called the "Recommendation Portal", aimed at making a nutritional recommendation after an Animal has been reserved by a Pet Owner (the "Service").

 

To use the Service, the User will be required to indicate on the Platform that an Animal has been reserved by a Pet Owner and that he or she wishes to make a nutritional recommendation for that Pet. The User can either select the products to be recommended from the product catalogue, selecting filters based on the characteristics of the Animal, or use the tool to find the relevant products for the Animal, indicating the characteristics of the Animal. The User can then select one or more products and send the recommendation to the Pet Owner ("Nutritional Recommendation").

 

Article 2 - Acceptance of the Special Conditions

 

The Service is governed by these Special Terms and Conditions, which must be read carefully and accepted by the User when he/she first accesses the Recommendation Portal. The Special Terms and Conditions supplement the Platform's general Terms of Use, which apply in addition to the Special Terms and Conditions.

 

Article 3 - Liability for the Nutrition Recommendation

 

In addition to Article 8 in the general Terms of Use, with regard to the Nutritional Recommendation, the User acknowledges that the Nutritional Recommendation is based on information provided and/or selected by the User and that Royal Canin is not responsible for the accuracy or appropriateness of a Nutritional Recommendation. The User is solely responsible for the Nutritional Recommendation, as well as for any actions and advice derived or given by the User to the Pet Owner.

 

Article 4 - Loyalty Program of the Service

 

ARTICLE 7 "LOYALTY PROGRAMME" OF THE GENERAL TERMS AND CONDITIONS IS REPLACED BY THE FOLLOWING

 

As part of Royal Canin’s loyalty program, Royal Canin will offer the User loyalty points in exchange for taking certain actions on the Platform (“Loyalty Program”), including for: (a) registering a valid sale of an Animal on the Platform (subject to the mention of a valid identification number of the Animal, meaning a chip number or tattoo number); and (b) a purchase by the Pet Owner of at least one of the products recommended by the User as part of the Nutritional Recommendation, provided that the Pet Owner has clicked on the link and purchased one of the products on the relevant Royal Canin website and, where applicable, the User has entered the coupon number when declaring the sale on the Platform.