DIANA AQUA Web Site General Terms and Conditions of Use
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 Gohelis 56250 Elven - France registered at VannesRCS under number 560 500 498. Intracommunity VTA number FR07 560 500 498 Tel: +33 (0)2 97 93 80 80 –
aquativ(at)diana-aqua.com Publication Director: Mr. Bertrand de Launay
I) Terms and Conditions of Use
“Company”: means the member companies of the Spécialités Pet Food namely: Spécialités Pet Food SAS, whose registered office is ZA du Gohélis, 56250 Elven - France, and their Affiliates. «Affiliates»: mean an 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.
By using this web site you agree to the terms and conditions expressed hereunder. 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.
The Internet hosting entity which is responsible for the direct and full-time hosting the portal is: Die Medialen Gmbh - Colmanstrasse 39, 53115 Bonn, represented by Andrea Rothhaar and Sebastian Heinz, under the commercial register HBR 16287 Amtsgericht, Bonn.
Address technical questions, comments as well as general questions about the Diana Aqua web site to Diana Aqua Communication and other requests as indicated in the followings paragraphs.
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 web site, 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, trademarks and permissions
You acknowledge that the Company or third party granting rights to the Company, hold title to all materials on this site, 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 web site with the followings restrictions:
i) use must be solely for your personal informational and noncommercial 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 site 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 web site 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 web site 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 word “DIANA” and its derivatives, the logos on this web site, the products and services described in this web site 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 areas, postings and feed back
You agree not to upload to, distribute, or otherwise publish through this web site any content that is unlawful, libelous, 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 this site 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 this web site, 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 this site, 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 Diana corporate communications that any items posted on this site 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 site, 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 site.
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 this web site is licensed to you by the Company for your personal, noncommercial 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.
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 this web site, or web sites linking to this web site.
This web site together with any documents issued by the Company and available through this web site may contain statements that constitute forward-looking statements. Those statements may appear in a number of places in this web site (together with any document issued by the Company and available through this web site) 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.
This web site and the materials under this web site 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 this web site are accurate, complete, reliable, current or error-free. The Company does not represent or warrant that this web Site 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 web site at any time without notice. References to any products, services, processes, or other information, by 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 this web site or the materials contained in, or accessed through, this web site.
The laws of France shall govern the construction and interpretation of these Terms and Conditions and the rights of the parties hereunder. By accessing or placing orders under this web site, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions and by all applicable law and regulations. Visitors who do not agree with these Terms and Conditions should not access or place orders through this web Site. Any controversy or claim arising out of or relating to your use of this web Site or any services provided hereunder shall be settled by binding courts to be held in the French language in Rennes, France.
Notwithstanding any of these Terms and Conditions, the Company reserves the right, without notice and in its sole discretion, to terminate your license to use this web Site and to block or prevent future access to and use of this web Site.
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
It is at the express consent of the parties that the present Terms and Conditions are written in English.
Changes of the Terms
The Company reserves the right to change, modify, or update these Terms and Conditions of use, at any time, without notice. The date of the latest update is presented below.
The privacy principles and procedures set forth below are intended to tell you how the Company collect use and distribute user information via our primary public web site (www.diana-aqua.com).This statement also applies generally to all web sites operated by Spécialités Pet Food (and its Affiliates). This statement does not cover information collected from sources other than Spécialités Pet Food.
The Company's Data Protection Officer's details are the following:
Dr. Karsten Kinast,
Kinast Rechtsanwaltsgesellschaft mbH, Hohenzollernring 54, 50672 Cologne, Germany
1) Types and uses of personal information
If you use this web site, personally identifiable information about you may be collected and processed by the Company employees. In general, we only collect such information (such as your name, address, phone number, e-mail address, function, and type of business) when you knowingly provide it to us. In particular, your personal data are processed in order for us to answer your messages and communicate with you and is based on commercial legitimate interest of our Company. Your consent is required, so the company can send you its latest news and publication. When your personal data is necessary for the performance of a contract, failure to provide such personal may prevent performance of such contract.
Your personal data is kept during 3 years after your last contact with the Company.
Additionally, the Company may automatically collect or process personally identifiable data (such as your internet domain or IP address) as part of the operation of this web site or during the course of your activities on or use of this web site. In nearly all cases, this data may be collected or processed by, and transferred to, the Company facilities in France and in other countries where the Company does business; the date is then subjected to the legal systems of those countries. By using this web site (which resides in part on servers located in France), you unambiguously consent to any collection, processing, transfer or use of any personal data. If you do not consent to any collection, processing, transfer or use of such information, please discontinue use of this web site.
2) Sharing with Affiliates
We share so much of our data, including personally identifiable information about you, with our Affiliates throughout the world. To the extent that these entities have access to your information, they will follow privacy practices no less protective than our practices described in this document, to the extent allowed by applicable law, including if the entity is situated outside the EU, the Company has applied standard contractual clauses validated by the European Commission and a contract that warrants adequate protection level.
3) Recipients of Personal Data and Data Transfers in-/ouside of the European Economic Area
1. When and why may we share your personal data
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 website 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.
2. Data Transfers in-/outside the European Economic Area
In general, the processing of your personal data is based inside the European Economic area (EEA). However, in terms of providing this website 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 USA. 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.
4) Modification to statements
The Company reserves the rights to change, modify, or update this tatement at any time without notice. We indicate the date of the current statement below, so you know when it was last updated.
5) Your rights
The Company wants to maintain only accurate information about users of the site. You can request individual information that has been gathered about you by contacting the Company. Upon receipt of appropriate identification information, the Company will provide you with access to the personally identifiable information that it maintains about your use of the Company and its Affiliates web sites or which you have supplied to the Company via a Diana Web Sites. If you find actual inaccuracies, please notify the Company so that they may be corrected.
Additionally, you have the right to access to and to rectify or erasure of your personal data, it include the data transferred, and the right to data portability. You may also object to processing of your data for legitimate reasons, and to restrict such processing.
Such rights may be exercised by sending us a request at the following address: GDPR(at)diana-group.com.
You may also lodge a complaint with a supervisory authority.
6) Linked Web Sites
We provide links to third party Sites. Since we do not control these web sites, we encourage you to review the privacy statement posted on these (and all) third party sites. The Company is not responsible for the privacy statements or practices of sites and services controlled by other companies or organizations.
Performance-related Cookies, tracking and analytics tools
Functional Cookies and Tools
Social Media and Marketing Cookies
8) Security and Confidentiality
The Company applies technical and organisational and security measures enabling strict confidentiality and security of your data, including when transferring your data to entities of the Company’s group and to third parties.
9) Contact information
Customers should direct comments or questions regarding this statement to the representatives of the Company, employees to their Personnel representative; all other inquiries should be directed to legal(at)diana-group.com.