Legals - Yummypets

1 - Legal terms

Publisher

This website is the property of Spécialités Pet Food SAS, with a capital of 2 198 730,00 euros, whose registered office is Z.A du Gohélis, 56250 Elven, France, registered at RCS of Vannes under the number 560 500 498. Intracommunity VTA number FR07 560 500 498. Tel: +33 9 50 27 90 74 – Mail: matthieu.glayrouse@symrise.com
Publication Director: M. Bertrand de Launay

Internet Host

The Internet hosting entity which is responsible for the direct and full-time hosting of the portal is Claranet SAS, whose registered office is 2, Rue des Landelles, 35510 Cesson-Sevigné, France, represented by Olivier BEAUDET, registered at the trade register of Rennes under number 419 632 286.

Terms of use

By using the Platform, you consent to the terms of use (hereinafter the “Terms of Use”) expressed here under and agree to be bound by them. These apply exclusively to your access to, and use of this web site and do not alter in any way the terms and conditions of any other agreement you may have with the Company.

Definitions

« Company » or « Yummypets »: means Symrise Pet Food, having its registered office at Z.A du Gohélis, 56250 Elven, France and its affiliates.

“Affiliates”: means any individual, trust, business trust, joint venture, partnership, corporation, association or any other entity which (directly or indirectly) is controlled by, controls, or is under common control with a Party. For purposes of this definition, the term “control” (including, with correlative meanings, the term “controlled by” and “under common control with”), shall mean the possession (directly or indirectly) of power to direct or cause the direction of the management or policies of the applicable Party.

“Platform” means the website www.yummypets.com and its connected web pages.

Contacts

You may address technical questions, comments as well as general questions about the Platform to: matthieu.glayrouse@symrise.com and other requests as indicated in the followings paragraphs.

Contributions

Except as otherwise provided in a separate written agreement between you and the Company, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, discoveries, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of email or electronic submissions to the Company, or postings at this Platform, are non-confidential and shall become the sole property of the Company to the fullest extent permitted by applicable law. The Company shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgement or additional compensation to you. In the event applicable law operates to prevent the Company from becoming the sole owner of any such property, then this provision shall be effective as granting to the Company (with unfettered rights of assignment) a perpetual, worldwide, paid-in-full, nonexclusive right (including any moral rights) and license to make, use, sell, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in any such material.

Copyright, trademark and permissions

You acknowledge that the Company or third party granting rights to the Company, hold title to all materials on the Platform, which are the copyrighted works of the Company or such other third party, with all rights reserved. Such materials include but are not limited to design, text, graphics, files, photographs, video and audio clips, and the selection and arrangement thereof.

The Company authorizes you to view and use the Platform with the followings restrictions: i) use must be solely for your personal informational and non-commercial use; ii) downloading is limited to one electronic or hard copy of limited portions; iii) each page downloaded must include this copyright statement displayed in a prominent position; iv) materials cannot be modified, forwarded, displayed, distributed, performed, or published in any media without the prior written permission of the Company. You may not frame or use framing techniques to enclose any portion of this Platform without the express written consent of the Company.

You may not use tags or any other hidden text using the Company name or trademarks and services marks without the express written consent of the Company. No commercial use of the information on or under this Platform is licensed or permitted. The use of automated systems (robots, spiders, or any other data-mining or similar data-gathering and extraction tools) to access, acquire, or download information on this Platform is expressly prohibited where such systems are employed in connection with commercial objectives, or in a fashion that directly or indirectly violates the privacy interests of any individual.

The term “Yummypets” and its derivatives, the logos on this Platform, the products and services described in this Platform and the distinctive designation of such products and services are trademarks, trade names, or service marks of the Company and its licensors, or are the property of their respective owners. These marks may not be copied, imitated or used, in whole or in part, without the express prior written permission of the Company or their respective owners, and then with the proper acknowledgements. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, or trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Forums, interactive spaces, displays and returns

You agree not to upload to, distribute, or otherwise publish through the Platform any content that is unlawful, libellous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable, or that would constitute or encourage criminal offense, violate the rights of any party, or otherwise create liability or violate any law. On the Platform you cannot, without the express written approval of the Company, distribute or publish promotions, advertising or solicitations for funds, goods, or services. You shall remain solely liable for the content of any messages or other information posted by you on the Platform, and the Company takes no responsibility and assumes no liability for the content of posted or uploaded materials. The Company reserves the right, in its sole discretion, to remove or edit any material posted by you that is determined to be harmful, offensive, or otherwise inappropriate.

Copyright infringement by postings

By posting software or other content to the Platform, you warrant the Company (and we rely on this warranty) that such items are known to you to be free shareware or otherwise in the public domain, and you agree to indemnify us against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights in such work. We undertake no duty to determine the validity of any claim of copyright.

Upon receiving written notice to matthieu.glayrouse@symrise.com, that any items posted on this Platform is believed to infringe a copyright or other proprietary right, we will remove said work and will not permit its reposting. We make no warranty as to the currency, operability, or fitness for any particular purpose of any shareware software posted to this Platform, and we will assume no liability for any losses or damages alleged to arise from use of or reliance on such software. We undertake no duty to determine the currency, operability, or fitness for any particular purpose of any shareware software posted on this Platform.

Photo exploitation rights

In accordance with the regulations relating to image rights, you authorize Yummypets to exploit and use your photos posted free of charge on the Platform. Those photos may be used on the following Yummypets digital media:

Websites
Social platforms: Facebook, Twitter, Pinterest, Instagram, etc
Mobile platform: iOS and Android smartphone and tablet.

Photo exploitation rights in photo challenges

In accordance with the regulations relating to image rights, you authorize Yummypets and its partners organizing photo challenges (https://www.yummypets.com/photoshoot) to process and use free of charge your photos. Those photos may be used on the following Yummypets digital media:

Websites
Social platforms: Facebook, Twitter, Pinterest, Instagram, and
Mobile platform: iOS and Android smartphone and tablet.

In addition those photos may be used by Yummypets’ organizing partners, on the following media:

Facebook
Twitter
Pinterest
Instagram

The authorised partner expressly refrains from processing the photos in any way that could infringe on privacy or reputation, nor from using the photos in any way that is pornographic, racist, xenophobic, or any other harmful exploitation.

The authorised beneficiary will endeavour as far as possible to keep available a proof of each publication on request. It will encourage its partners to do the same and implement all the necessary means to achieve this result.

This authorisation, given free of charge, is valid worldwide and for the legal duration of the copyright protection.

It does not constitute a copyright transfer, since the author of the publication retains the right to use it freely. However, it constitutes an irrevocable commitment, free of charge, from the author of the publication, to authorize its exploitation by Yummypets and its organizing partners.

The Yummypets team reserves the right to delete any participation that does not correspond to the challenge’s theme or any participation with the wrong animal. Any abusive behaviour (request for votes by private message, comment asking only for votes or creation of fake accounts to obtain votes) will result in the deletion of the participant’s photo.

In addition, and in order to preserve the fairness of the votes and give everyone a chance, a draw will be made on all photo challenge participation.

Yummy or Not

In order to ensure that all members have a fair chance to win, a member cannot win more than once in a row (once every 6 months maximum). If a member comes in first again during this period, his or her entry will be deemed invalid and the next eligible participant will be designated the winner instead. This rule applies to all of the member's pets if he or she owns more than one.

The Company software

Any software of the Company, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on the Platform is licensed to you by the Company for your personal, non-commercial use, and no ownership rights pass to you. You shall not copy, distribute, sell, modify, transfer, decompile, reverse engineer, disassemble, or create derivative works from any Software.

Hyperlinks

The Company makes no claim or representation regarding, and accepts no responsibility for the quality, content, nature, or reliability of web sites accessible by hyperlinks from the Platform, or web sites linking to the Platform.

Financial-material disclosure

The Platform together with any documents issued by the Company and available through the Platform may contain statements that constitute forward-looking statements. Those statements may appear in a number of places in the Platform and can be identified by the use of forward-looking terminology such as “believe”, “expect”, “plan”, “may”, “will”, “should”, “anticipate” or similar statements or the negative thereof or other variations thereof. Such forward-looking statements include, without limitation, statements made as to the future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution, and replenishment systems and operating efficiencies, sales and earnings estimates or trends, and expansion plans and projections. Such forward-looking statements are based on current expectations and by their nature involve known and unknown internal and external risks, uncertainties, and other factors that may cause the actual results, performance, or achievements to be materially different from those expressed or implied.

Disclaimer

The Platform and the materials under the Platform are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. The Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company does not represent or warrant that material in the Platform are accurate, complete, reliable, current or error-free. The Company does not represent or warrant that the Platform or its server(s) are free of viruses or other harmful components.

The Company reserves the right to change any and all content contained on this Platform at any time without notice. References to any products, services, processes, or other information, trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by the Company.

Limitation of liability

In no event shall the Company be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use of the Platform or the materials contained in, or accessed through, the Platform.

Applicable law

The laws of France shall govern the construction and interpretation of these Terms of Use and the rights of the parties hereunder.

By accessing or placing orders under the Platform, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use and by all applicable law and regulations. Visitors who do not agree with these Terms of Use should not access or place orders through the Platform. Any controversy or claim arising out of or relating to your use of the Platform or any services provided here under shall be settled by binding courts to be held in the French language in Rennes, France.

Termination

Notwithstanding any of these Terms of Use, the Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Platform and to block or prevent future access to and use of the Platform.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or, for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Language

It is at the express consent of the parties that the present Terms of Use are written in French, an English version is available.

Changes of the Terms of Use

The Company reserves the right to change, modify, or update these Terms of Use at any time, in whole or in part, without notice. These changes will come into force as of the date of the new Terms of Use’s publication. The date of the last update is presented below.

2 - Privacy Policy

Data protection and data security are very important to our Company. Therefore, we would like to inform you about the personal data we collect during your visit to our website and about the intended purposes. As changes to the law or changes to our corporate processes may require an adaptation of this privacy statement, we ask you to read this privacy policy regularly. The privacy policy can be accessed any time under “Privacy Policy”, saved and printed out.

Data Controller and Scope

The controller according to the EU General Data Protection Regulation (hereafter “GDPR”) and other national data protection acts of the Member States, as well as other data protection regulations, is:

Symrise Pet Food
ZA du Gohelis
56250 Elven
France

Tel: +33 9 50 27 90 74
E-mail: data@yummypets.com
This Privacy Policy applies to the online presence of Yummypets, which is available at www.yummypets.com and the various subdomains (hereinafter referred as “our Platform”).

Data Protection Officer

The external data protection officer of Yummypets is:

Dr. Karsten Kinast, LL.M.
Kinast Rechtsanwaltsgesellschaft GmbH
Hohenzollernring 54
50672 Cologne
Germany,

Phone: +49 (0)221 – 222 183 – 0
E-mail: dpo-symrise@kinast.eu
Website: www.kinast.eu/en

Principles of Processing of Personal Data

Personal data are all information relating to an identified or identifiable natural person. This includes information such as your name, age, address, telephone number, date of birth, e-mail address, IP address or user behaviour. Information that cannot (or only with a disproportionate effort) be referred to your person, e.g. by anonymizing the information, is not personal data. The processing of personal data (e.g. the collection, retrieval, use, storage or transmission) always requires a legal basis or your consent.

Processed personal data will be deleted as soon as the purpose of the processing has been fulfilled and no legally prescribed retention obligations are to be observed.

Data Processing

Access and Use of the Platform

Scope and Purpose of the Processing

When you access and use our Platform, we only collect the personal data that your browser automatically transmits to our server. This information is temporarily stored in a so-called “log file”.

The following personal data is recorded to the extent necessary for the provision of a functional Platform and our contents and services:

IP address of the requesting computer
Date and time of access
Name and URL of the retrieved file
The website from which access is made
The used browser and, if applicable, the operating system of your computer as well as the name of your access provider

Legal Basis

Article 6 (1) lit. f) GDPR serves as the legal basis for the data processing. The processing of the mentioned data is necessary for the provision of our services and thus serves the protection of a legitimate interest of our Company.

Data Deletion and Storage Time

The data subject’s personal data are deleted or blocked as soon as the purpose of the storage is fulfilled.Non-updated data older than 2 years will be deleted.

On a computer: you can delete your account by clicking on the "Delete my account" button on this page: https://www.yummypets.com/user/edit.
On a mobile device: you can delete your account by clicking on the "Delete my account" button from the Settings > Edit My Account screen.
The data will be completely erased and non-recoverable upon confirmation of deletion.

Account creation

Scope and Purpose of the Processing

You have the opportunity to join the Yummypets community and create an account. When you create your account, we collect personal data that allow your identification. In the course of your account creation, reference is made to this data protection declaration and your consent in order to obtain your consent.

The following personal data are recorded to the extent necessary for your identification and the provision of a functional Platform and our contents and services:

Name
First name
E-mail address
Your pet’s Name
You pet’s breed
Your pet’s birthdate

Legal Basis

The data processing described above for the purpose of your creation account is carried out voluntarily in accordance with Article 6 (1) lit. a) GDPR on the declaration of consent submitted by you.

Data Deletion and Storage Time

The personal data that you enter for your account creation are stored for the lifetime of your account. Upon your account deletion, your personal data will be automatically deleted. Further storage may take place in individual cases if this is required by law.

Newsletter subscription

Scope and Purpose of the Processing

The following personal data is recorded to the extent necessary for the provision of a functional Platform and our contents and services:

E-mail address

Legal Basis

The data processing described above for the purpose of the Yummypets’ newsletter communication is carried out voluntarily in accordance with Article 6 (1) lit. a) GDPR on the declaration of consent submitted by you.

Data Deletion and Storage Time

The personal data that you enter for your subscription to the Yummypets’ newsletter is stored for the time of your subscription. Upon your un-subscription to the Yummypets’ newsletter, by clicking on the link “Unsuscribe” at the bottom of each newsletter e-mail, this personal data will be automatically deleted. Further storage may take place in individual cases if this is required by law.

Partners Opt-in

Scope and Purpose of the Processing

For marketing operations, Yummupets may offer you to subscribe to its partners newsletter and services (hereinafter “Partners Opt-in”) so that you have the opportunity to receive a content adapted and personalised to your needs. In the course of your subscription, reference is made to this data protection declaration and your consent in order to obtain your consent.

When you subscribe to Partners Opt-in, Yummypet may share, in all our in parts according to the marketing operation, with the chosen partner the following data:

E-mail address
Your pet’s name
Your pet’s breed
Your pet’s birthdate

Legal Basis

The data processing described above in the framework of a Partners Opt-in is carried out voluntarily in accordance with Article 6 (1) lit. b) GDPR on the performance of our services at your request as data subject.

Data Deletion and Storage Time

Please note that our partners have their own privacy policies. Therefore, we invite you to read their privacy policy and in particular the terms and conditions for unsubscribing to the newsletter and services of the partner concerned.

Please not that we do not share your personal data with third parties, with the exception of the processing provided for in the "Opt-in Partners" section and subject to your prior consent.

Recipients of personal data and data transfers in-/outside of the European Economic Area (EEA)

When and why can we share your personal data?

The personal data are intended for our employees with regard to their respective functions and are stored on our secure servers.

We will only share your personal data with third parties and other recipients where we have an appropriate legal ground under the GDPR, which permits us to do so. Commonly, this could include situations:

where we are legally obliged to provide the information (e.g. to data protection authorities),
to comply with our contractual duties (e.g. to an affiliated company, if necessary in terms of our business relation.),
where it is necessary in our legitimate interest (e.g. for compliance reasons), or
where you have given your express consent to do so (e.g. to third-party Cookie providers).

We have also engaged certain service providers that process your data on our behalf and, therefore, are so-called data processors (e.g. our provider of the Site and agencies that help us managing our content thereof). Such data processors are contractually obliged to solely process your personal data based on our contractual agreement and in line with our predefined instructions. As data processors our service providers are also recipients of your personal data.

Data transfers within and outside the European Economic Area (EEA)

In general, the processing of your personal data is based inside the European Economic area (EEA). However, in terms of providing the Site and its functionalities we may use certain service providers and/or third-party service provider (in the following recipients) that receive your personal data (see under 3.), which may not process your personal data inside, but in a country outside the EEA. The transfer to service providers outside the EEA takes place on the basis of the so-called adequacy decision by the EU Commission pursuant to Art. 45 GDPR or on the basis of the Standard Data Protection Clauses of the European Union as an appropriate safeguard according to Art. 46 GDPR to ensure an adequate level of data protection in regard of the processing of your personal data.

However, when sharing your personal data with a recipient that is established in a country outside the EEA based on Standard Data Protection Clauses, it may be that the processing is not appropriately safeguarded due to the specific national laws applying to the recipient in such a country. This includes sharing your personal data with and the transfer of your personal data to recipients in the US. Such transfers of personal data may not be based on appropriate safeguards due to the fact that US authorities are allowed under US law to access and use such data transferred from the EU to the US without any specific exemptional reasons and means of a right to object to such illegitimate access for affected non-US American data subjects. Furthermore, these transfers are not regulated in such a way that would meet requirements equivalent to those existing under EU law specifically regarding the principle of proportionality as monitoring programs based on US legislation are not limited to what is strictly necessary.

Therefore, when we are aware that your personal data may be transferred to the US, e.g. to Google LLC or other recipients, we ensure to collect your express consent and inform you in this Privacy Policy about the corresponding risk that your data may not be appropriately safeguarded regarding illegitimate access or use, before such transfer takes place.

List of Recipients of your personal data

Recipient/Category of Recipient	Purpose of transfer/disclosure	Legal basis of the processing
Subsidiaries and affiliated companies	Quotes, Sales, Marketing, fraud protection, storage etc.	Contractual relation or pre-contractual steps Legitimate interest; or, if required, Consent
National and EU Authorities and Law Enforcement Agencies	Only as an exception, where no rights and freedoms of the affected data subjects overweigh: Ensure compliance with laws or in exceptional situations (e.g. data security incidents)	Legal obligation; or Legitimate interests
Business partners	Marketing campaigns	Consent

Cookies

We use Cookies on our Site. Cookies are small files which are sent by us to the browser of your terminal device and stored there as part of your visit to our internet pages. Some functions of our Site cannot be offered without the use of technically necessary Cookies. Other Cookies allow us to perform various analyses. Cookies are, for example, able to recognize the browser you are using when you visit our Site again and to transmit various information to us. We can use Cookies to make our internet offer more user-friendly and effective, for example, by tracking your use of our Site and by determining your preferred settings (e.g. country and language settings). In case third parties use Cookies to process information, they will collect the information directly from your browser. Cookies do not cause any damage to your device. They cannot run programs or contain viruses.

The use of technically necessary cookies is covered by our legitimate interests in accordance with Article 6 (1) lit. f) GDPR. Before we set any, not technically necessary, Cookies on our Site, we obtain your consent via the Cookie Banner respectively the Cookie Settings in accordance with Article 6 (1) lit. a) GDPR. You can of course change your preferences at any time in the Cookie Settings.

Further information can be obtained from our Cookie Policy.

Tools for Tracking and Analysis

We use tracking and analysis tools to ensure continuous optimization and user-oriented design of our Site. With the help of tracking measures it is also possible for us to statistically record the use of our Site by visitors and to further develop our online offer for you with the help of the knowledge gained.

On the basis of these interests, the use of the tracking and analysis tools described below is justified in accordance with Article 6 (1) lit. f) GDPR. If you have given us your consent to the use of Cookies on the basis of the Cookie Banner provided by us on the Site, the legality of the use is additionally governed by Article 6 (1) lit. a) GDPR.

Further information can be obtained from our Cookie Policy.

Your rights as a Data Subject

The GDPR provides you as a Data Subject with the following rights in case you are subject to a data processing:

Pursuant to Article 15 GDPR, you can request information about your personal data that we process. In particular, you may obtain information about the purposes of processing, the categories of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to correction, deletion, restriction of processing or objection, the right to lodge a complaint with a supervisory authority, the origin of your data, if not collected from us, about transfer to third countries or international organizations, and the existence of automated decision-making, including profiling and, where applicable, meaningful information about the logic involved.
Pursuant to Article 16 GDPR, you can immediately demand the correction of incorrect data or the completion of your personal data stored by us.
Pursuant to Article 17 GDPR, you may request the deletion of your personal data that we store, provided that the processing is not necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims.
Pursuant to Article 18 GDPR, you may request the restriction of the processing of your personal data if you contest the accuracy of the data, if the processing is unlawful, if we no longer need the data and if you refuse their deletion because you need to establish, exercise or defend legal claims. You are also entitled to the right under Article 18 GDPR if you have objected to the processing in accordance with Article 21 GDPR.
Pursuant to Article 20 GDPR, you may request that the personal data you have provided us with be received in a structured, current and machine-readable format or you may request that it is transmitted to another person responsible.
Pursuant to Article 7 (3) GDPR, you can withdraw your consent at any time. As a consequence, we are no longer allowed to continue the data processing based on this consent for the future
Finally, pursuant to Article 77 GDPR, you have the right to complain to the CNIL (https://cnil.fr/en/plaintes). You can also contact a supervisory authority of your habitual residence, place of work or our company headquarters.

How to exercise your rights?

You may exercise free of charge your right to access, modify, rectify and deletion of your personal data, as well as your right to transfer and portability of your data by sending a request by e-mail (e-mail).

Contact: data@yummypets.com

In order for us to satisfy this request, you must send us the necessary elements for your identification as account holder, a written statement of honour by which you certify that you are the account holder and a photocopy of an identity document.

Right to object

In case the processing of your personal data is based on legitimate interest in accordance with Article 6 (1) lit. f) GDPR, you have the right to object to the processing of your personal data in accordance with Article 21 GDPR insofar as there are reasons which arise from your particular situation or if the objection refers to direct marketing. In the case of direct marketing, you have a general right of objection which will be considered without mentioning any particular situation.

Data Security

We are committed to protecting your privacy and treating your personal information confidentially. In order to avoid any manipulation, loss or misuse of your data stored by us, we take extensive technical and organizational security measures that are regularly reviewed and adapted to technological progress. This includes, among other things, the use of recognized encryption methods (SSL or TLS).

However, we would like to point out that due to the structure of the internet, it is possible that the rules of data protection and the above mentioned security measures may not be observed by other persons or institutions for which we are not responsible.

In particular, unencrypted data - e.g. if this is done by e-mail - can be read by third parties. We have no technical influence on this. It is the responsibility of the user to protect the data provided by him against misuse by encryption or in any other way.