Pursuant to the applicable data protection laws, this Privacy Policy is intended to help you understand the data that Affinity Petcare, S.A.U. (hereinafter, “Affinity Petcare”) collects and how it processes said data.
The data controller is Affinity Petcare, S.A.U., with registered office at Plaza Europa, 54-56, L’Hospitalet de Llobregat, 08902, Barcelona, Spain.
Affinity Petcare will process the personal data collected on this website as well as any platforms Affinity Petcare may make available to you, Affinity Petcare profiles on social networks and other domains that we own (hereinafter, “Site” or “Website”).
Affinity Petcare is not subject to the obligation to appoint a Data Protection Officer. However, it proactively appoints a Data Protection Committee to answer any query, request or clarification concerning processing that may be sent to the postal address indicated at the start of this document or to the email address hello@affinity-petcare.com,by putting “Data protection” in the subject line.
The personal data we process is the information you supply via the different channels Affinity Petcare makes available to you, for example by means of the available forms.
Also, when you visit Affinity Petcare websites, different technologies are used to compile and store information and may include the use of cookies or similar technologies to identify your browser or device. Affinity Petcare also leverages these technologies to compile and store information when you engage with services offered by Affinity Petcare or other functions. You can obtain more information on the processing Affinity Petcare performs with the data obtained via cookies or due to your browsing if you agree to the installation of cookies (for more information on site cookies, see our Cookie Policy).
Below is a list of purposes, indicating which data will be processed (data type) and why, or what we base processing on (legal basis). This list has been prepared considering the type of data subject category you belong to for the purposes of the data processing Affinity Petcare can carry out:
The following types of data processing apply to the data subject categories that form part of the database of users registered on the different Affinity Petcare websites, whether subscribers to the Affinity Petcare newsletter or users of the Advance Fit Plan app, who have agreed to receive Affinity Petcare marketing messages, among other types of touchpoints.
REGISTER OF USERS ON AFFINITY PETCARE WEBSITESPURPOSE
Registration and maintenance of your Affinity user account in Affinity Petcare, including, where applicable, data changes and account deletions in relation to service provisions from Affinity Petcare to its users.
To make it easier for you to register as a user in Affinity Petcare reserved areas, we offer the possibility of using your account on the Google and Facebook (“Meta”) social networks. These options will authenticate you as if you were to register directly in Affinity Petcare and you will be able to log straight into reserved areas using your Google or Facebook account.
This registration option is free and voluntary.
Please be advised that any personal data you supply to Google or Facebook are bound by these companies’ privacy policies and Affinity Petcare will not access them at any time.
If you have registered as a user in the Affinity Petcare reserved area via Google or Facebook and later unlink from it via the user area you will be asked to submit a password to be able to continue accessing your user account in this reserved area.
TYPE OF DATAThe data sought in each data collection form and at least the following:
Implementation of the contractual relationship established with Affinity Petcare by agreeing to the registration terms and conditions.
SENDING OF MARKETING MESSAGESPURPOSE
Sending of marketing messages, including by electronic means, including SMS and push notifications on products, services, activities, news, special offers and promotions by Affinity Petcare based on your interests and in line with your profile, as we inform you in the processing section entitled “User Segmentation”.
Affinity Petcare outsources email marketing services in order to compile information on campaigns, i.e., to track the opening of emails and clicks on content and links included in the emails. This information is compiled to prepare statistical reports on recipient behaviour so we can optimise our campaigns.
TYPE OF DATAThe processing of your data is legitimised by the express consent you provide.
You may withdraw your consent and unsubscribe from these messages at any time.
USER SEGMENTATIONPURPOSE
Preparation of a commercial profile based on your tastes and interests, starting from an analysis of the products you have bought or shown an interest in and queries made in order to better match our promotional actions, such as the sending of marketing messages.
This profile will be prepared from internal sources in accordance with information on your browsing, the information obtained referring to your requirements or preferences you stated during your relationship with Affinity Petcare, the activities you effectively engage in and your different information touchpoints with our organisation. For example, the type of pet you have or feed preferences, among other aspects.
You can access more information on how your data is processed for this purpose in section 4. Recipients of this Privacy Policy.
TYPE OF DATAAffinity Petcare’s legitimate interest, pursuant to the provisions of the applicable data protection regulations, based on internal sources and involving low grade profiling.
Affinity Petcare has performed the analyses required by privacy regulations, confirming that the company’s interest prevails over the privacy entitlements of its customers and users. If you would like to access these reports, please feel free to request them at the email addresses indicated in the Exercise of Rights section you will find in this Privacy Policy. You may also, now or at any other time, state your wish not to be subject to this processing by exercising your right of objection.
WEBSITE SEGMENTATION AND CUSTOMISATION VIA COOKIESPURPOSE
To customise and segment site content via the use of cookies or similar technologies when agreed to by the user through the related banner.
TYPE OF DATAThe processing of your data is legitimised by the express consent you gave us through the cookies banner made available to you by Affinity Petcare.
You may withdraw your consent at any time in accordance with the information provided in our Cookie Policy.
However, Affinity Petcare may process information obtained via cookies or similar technologies without your consent so long as it involves anonymised or aggregate information and contains no data that could identify you directly or indirectly.
SURVEYS AND STUDIESPURPOSE
To conduct surveys and market studies to find out what you think about our products and services.
TYPE OF DATAAffinity Petcare’s legitimate interest in improving its commercial offering.
Affinity Petcare has performed the analyses required by privacy regulations, confirming that the company’s interest prevails over the privacy entitlements of its customers and users. If you would like to access these reports, please feel free to request them at the email addresses indicated in the Exercise of Rights section you will find in this Privacy Policy. You may also, at any time, state your wish not to be subject to this processing by exercising your right of objection.
The following types of data processing apply to data subject categories engaging in competitions and promotions managed by Affinity Petcare via any of its brands, platforms or websites:
COMPETITIONS, DRAWS AND PROMOTIONSPURPOSE
To permit and manage your participation in competitions, draws and/or promotions. This includes sending messages informing people they have won and publication on the Affinity Petcare website and social networks or other media, and reporting matters directly related to such promotions, all of the above including electronically.
TYPE OF DATAThe data sought in each data collection form and at least the following:
Implementation of the contractual relationship when you agree to the terms and conditions of the different competitions, draws and/or promotions.
PUBLICATION OF PHOTOS SENT TO AFFINITY PETCARE BY WINNERSPURPOSE
The photo that each winner sends Affinity Petcare will be published if the winner sends it when she/he is told that she/he has won.
TYPE OF DATAThe processing of your data is legitimised by the express consent you provide via the response message sent to Affinity Petcare with the photo.
You may withdraw your consent at any time.
SURVEYS AND STUDIESPURPOSE
To conduct surveys and market studies to find out what you think of our products and services.
TYPE OF DATAAffinity Petcare’s legitimate interest in improving its commercial offering.
Affinity Petcare has performed the analyses required by privacy regulations, confirming that the company’s interest prevails over the privacy entitlements of its customers and users. If you would like to access these reports, please feel free to request them at the email addresses indicated in the Exercise of Rights section you will find in this Privacy Policy. You may also, at any time, state your wish not to be subject to this processing by exercising your right of objection.
Affinity Petcare has active profiles on Facebook, Instagram, Twitter and YouTube and the following types of processing of personal data apply to people who become Affinity Petcare stakeholders by being a member of, following, or forming part of these profiles:
REGISTRATION/SUBSCRIPTION TO AFFINITY PETCARE OFFICIAL USER PROFILES ON SOCIAL NETWORKSPURPOSE
To manage touchpoints between you and Affinity Petcare through the information you supply on the social networks where Affinity Petcare has an active profile. This includes knowing what you think and assessing and keeping you up to date on the activities, news, special offers and promotions or competitions for products that Affinity Petcare provides by publishing such information on the profiles.
TYPE OF DATAAffinity Petcare will perform this processing of personal data in compliance with the obligations arising from its capacity as a registered user of the social network and the network’s terms of use.
SURVEYS AND STUDIESPURPOSE
To conduct surveys and market studies to find out what you think of our products and services.
TYPE OF DATAAffinity Petcare’s legitimate interest in improving its commercial offering.
Affinity Petcare has performed the analyses required by privacy regulations, confirming that the company’s interest prevails over the privacy entitlements of its customers and users. If you would like to access these reports, please feel free to request them at the email addresses indicated in the Exercise of Rights section you will find in this Privacy Policy. You may also, at any time, state your wish not to be subject to this processing by exercising your right of objection.
COMPETITIONS, DRAWS AND PROMOTIONS ON SOCIAL NETWORKSPURPOSE
To permit and manage your participation in competitions, draws and/or promotions. This includes sending messages informing people they have won, reporting the names of the winners in cinemas, on the Affinity Petcare website and social networks or other media, and reporting matters directly related to such promotions, all of the above including electronically.
TYPE OF DATAThe data sought in each data collection form and at least the following:
Implementation of the contractual relationship when you agree to the terms and conditions of the different competitions, draws and/or promotions
PUBLICATION OF PHOTOS SENT TO AFFINITY PETCARE BY WINNERSPURPOSE
The photo that each prize-winner sends to Affinity will be published if the winner sends it to the company when she/he is told that she/he has won.
TYPE OF DATAThe processing of your data is legitimised by the express consent you provide via the response message sent to Affinity Petcare with the photo.
You may withdraw your consent at any time.
MARKETING MESSAGESPURPOSE
Running advertising campaigns on Affinity Petcare products, services, activities, news, special offers or promotions on the social networks where the company has an active profile pursuant to the matters established in section 4. Recipients in relation to the creation of custom audiences and lookalike audiences.
TYPE OF DATAIf you are a registered user:
Affinity Petcare’s legitimate interest arising from the contractual relationship established when you registered on the social network that makes you an Affinity Petcare user or follower, therefore having a prior and direct relationship that makes it possible to send you promotional information in relation to Affinity Petcare products and services related to your interests. You may now or at any other time object to receiving these promotional campaigns using the tools made available by the owners of the social networks where you have a profile open or via the email addresses indicated in the Exercise of Rights section you will find in this Privacy Policy.
For more information on data processing by the owners of the social networks and how you can object to it, please see the privacy policies of the following companies:
You may opt out of receiving ads based on interests from Facebook or Google or from other companies at the following link: https://optout.aboutads.info/ or by changing your browser or mobile device settings.
Affinity Petcare has performed the analyses required by privacy regulations, thus confirming that the company’s interest prevails over the privacy entitlements of its customers and users. If you would like to access these reports, please feel free to request them at the email addresses indicated in the Exercise of Rights section you will find in this Privacy Policy.
If the promotional activity is carried out via Facebook or any other Meta Platforms Inc. (formerly Facebook Inc.) social networks, Affinity Petcare may act as the joint data controller together with FACEBOOK IRELAND LTD. (or equivalent corporate name), with registered office at 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 (Ireland) (hereinafter, “Facebook”) for processing covered under the Facebook Controller Addendum https://www.facebook.com/legal/controller_addendum
Affinity Petcare and Facebook have signed a data controller agreement to determine their respective responsibilities regarding compliance with the obligations stipulated in data protection regulations with respect to joint processing (as specified in the applicable product terms and conditions).
For more information on data processing by Facebook, please see the Facebook privacy policy at the following link: https://www.facebook.com/about/privacy
We also inform you that we will not be responsible for data processing performed by Facebook since this processing is done in accordance with the applicable product terms and conditions. You can obtain more information on the use Facebook makes of your data, including data types, purposes and the legal bases it uses in the Facebook data policy. In this regard, Affinity will only be responsible for its own data processing, as described below.
With regard to exercising rights, Affinity and Facebook have agreed that, between them, Facebook is responsible for enabling you to exercise your rights of conformity with the aforementioned points regarding the personal data Facebook stores following joint processing.
If you wish to exercise these rights with Facebook, you will find more information on how to do so at the Facebook privacy policy here https://www.facebook.com/about/privacy
The following forms of data processing apply to all people who become Affinity Petcare data subjects, regardless of the data subject category they belong to:
PETITIONS, QUERIES, COMPLAINTSPURPOSE
To respond to petitions, suggestions, queries or complaints via the Affinity Petcare Consumer Care service in the Contact section of the website or via other channels.
TYPE OF DATAThe data sought in each data collection form and at least the following:
When complaint forms are used, the legal basis will be our legal obligation in accordance with consumer protection regulations.
In the case of other petitions or complaints, it will be the contractual or pre-contractual relationship between you and Affinity Petcare by offering you our consumer care service.
STATISTICAL STUDIESPURPOSE
To perform statistical studies on the use of the website and the response to Affinity Petcare products and services.
TYPE OF DATAAffinity Petcare’s legitimate interest in improving its features and service provision.
The data controller has performed the analyses required by privacy regulations, thus confirming that the company’s interest prevails over the privacy entitlements of its customers and users. If you would like to access these reports, please feel free to request them at the email addresses indicated in the Exercise of Rights section you will find in this Privacy Policy.
LEGAL OBLIGATIONSPURPOSE
To comply with our civil, mercantile, fiscal and accounting legal obligations and those concerning compliance with data protection regulations, among others that may apply.
TYPE OF DATACompliance with a legal obligation..
We can also process the additional data you supply and data generated during the course of your relationship with Affinity Petcare for the purposes set out above.
Your personal data may be disclosed to the following recipients for the reasons explained below:
| RECIPIENT | PURPOSE | LEGAL BASIS |
|---|---|---|
Public authorities, courts and tribunals, security forces and bodies | To comply with the legal obligations Affinity Petcare is subject to in the performance of its activity and in the cases provided for by law. | Compliance with a legal obligation. |
Forwarders | To deliver prizes or products resulting from promotions Affinity Petcare runs and which you sign up to. | Implementation of the contractual relationshipwhen you agree to the terms and conditions of the different competitions, draws and promotions, and of the obligations arising from any type of contractual relationship maintained. |
Service providers | Third parties that will act as service providers. These service providers may have access to your personal data in order to render the services and/or comply with the obligations arising from the legal relationships maintained between them and Affinity Petcare within the framework of the contracted service provisions. In any event, Affinity Petcare has entered into the statutory nondisclosure and data protection agreements with such service providers, in full compliance with the provisions of the data protection regulations in force. | Implementation of the contractual relationship between you and Affinity Petcare. |
Social network service providers and others | Facebook Ireland Ltd.: Affinity Petcare has contracted the services of Facebook Ireland Ltd, with registered office at 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (hereinafter, “Facebook”) for the provision of online marketing and advertising services, among others, which will act in its capacity as data processor for personal data processed for audience creation using a tool named custom audiences. You can access the legal conditions on the contracting of the custom audiences service at the following link: https://www.facebook.com/legal/terms/customaudience. The custom audience service aims to create audiences among Facebook users from the Affinity Petcare customer lists that Affinity Petcare has supplied to Facebook in an anonymised fashion. Facebook guarantees it will not be able to identify the people on the customer list used to generate a custom audience. The data protection regulations will therefore not apply to this type of processing. Affinity Petcare also taps the Facebook Lookalike Audience services that harnesses data collected via its custom audiences to show advertisements to users with a similar behaviour to that of users already on a custom audiences list based on their previous use of this app or touchpoints with relevant content across the different Facebook apps and services. The data is used to show customised ads to users suggested by Facebook Lookalike Audience. Affinity Petcare and Facebook have signed data processing agreements in accordance with GDPR provisions. For more information on the data processing that Facebook performs for Affinity Petcare, please see the following link: https://www.facebook.com/legal/terms/dataprocessing. You can also check what data processing Facebook performs via custom audiences here: https://www.facebook.com/privacy/explanation. You may revoke the use of these types of technologies and the reception of ads via Facebook at: https://www.facebook.com/settings?tab=ads; You may also opt out of receiving ads based on interests from Facebook or other companies here: https://optout.aboutads.info/o or by changing your browser or mobile device settings. | Affinity Petcare’s legitimate interest arising from the contractual relationship established when you registered on the social network you use in order to impact the relationship with Affinity Petcare products and services related to your interests. You may opt out of receiving these promotional campaigns using the tool made available to you by the owners of the social networks where you have a profile open. |
| Google Ireland Limited: Affinity Petcare has contracted the services of Google Ireland Ltd, with registered office at Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter, “Google”) for the provision of online marketing and advertising services, among others, which will act in its capacity as data processor for personal data processed via the Google Analytics services and furthermore for audience creation using a tool named Customer Match (customer list segmentation). You can learn more on how Customer Match works at the following link: https://support.google.com/google-ads/answer/6379332?hl=es. Customer Match aims to create audiences between Google users based on the Affinity Petcare customer lists the company has supplied to Google in a fully anonymised fashion. Google guarantees it will not be able to identify the people on a list of customers used to generate a custom audience. The data protection regulations will therefore not apply to this type of processing. Affinity Petcare and Google have also signed data processing agreements in accordance with GDPR provisions. For more information on the data processing Google performs for Affinity Petcare, please see the following link: https://business.safety.google/adsprocessorterms/. You can obtain more information on the use Google makes of your data in Customer Match at the following link: https://support.google.com/google-ads/answer/6334160?hl=es. You may manage and revoke the use of these types of technologies and the reception of ads via Google at: https://policies.google.com/technologies/partner-sites; | Affinity Petcare’s legitimate interest arising from the contractual relationship established when you registered on the social network you use in order to impact the relationship with Affinity Petcare products and services related to your interests. You may opt out of receiving these promotional campaigns using the tool made available to you by the owners of the social networks where you have a profile open. |
Account auditing firms | To comply with the legal obligations concerning account auditing that Affinity Petcare is subject to due to its activity. | Compliance with a legal obligation.. |
Companies that partner with Affinity Petcare | Prevent fraud in the implementation of promotions and competitions in compliance with their terms and conditions. | Affinity Petcare’s legitimate interest in ensuring its promotional activities meet the legally established terms and conditions. |
Other companies owned by Affinity Petcare. | We may disclose your data to the other companies that make up Affinity Petcare for internal organisational purposes. | Affinity Petcare’s legitimate interestrecognised by the applicable data protection regulations. |
Affinity Petcare will not share your data with other third parties without previously obtaining your consent, except in cases in which it is necessary to comply with the legal or contractual obligations the company is subject to at all times by its nature and activity.
Should Affinity Petcare assign your personal data in the future, you shall be duly informed thereof.
Affinity Petcare may contract the services of providers located in countries outside the European Economic Area, based on European Commission adequacy decisions. In this case, the country is considered to have regulations equivalent to the European ones. If Affinity Petcare needs to contract the services of providers located in countries without European-equivalent regulations, the contracting will include all the guarantees and safeguards required by law to preserve privacy, after checking the laws in the destination country.
These safeguards may consist of the use of contractual clauses and additional guarantees in accordance with the regulations of each destination country or binding corporate regulations approved by the data protection authorities. You are also informed that the law allows us to send your data to these countries if it is required to comply with our obligations arising from the service you have sought..
The following companies will have access to the personal data required to perform their functions as data processors, but will not be able to use them for other purposes. They will also process personal data in line with this Privacy Policy and applicable data protection laws.
For more information on your privacy guarantees or the destination countries where we need to transfer your data to meet our contractual obligations with you, please contact our Data Protection Committee at the addresses indicated in the Exercise of Rights section you will find in this Privacy Policy.
In some cases, the use we make of your personal data may give rise to the adoption of automated decisions (including profiling) which affects you legally or in a similar fashion.
Automated decisions mean that a decision concerning you is taken automatically based on a computer decision (leveraging software algorithms) without human review on our part. For example, we tap automated decisions to customise the sending of marketing messages in line with the responses you supply or your behaviour with Affinity Petcare. We have implemented measures to safeguard the rights and interests of people whose personal data are subject to automated decision-making, including checks of the settings used to take decisions that prevent situations of discrimination.
When we take an automated decision in your regard, you are entitled to challenge the decision, express your point of view and demand a human review. You may exercise this right by contacting us via the contact details indicated in the Exercise of Rights section.
We will only keep your personal data for as long as we need to for the purposes for which the data was gathered and to meet our legal, financial, business and information requirements. We may in some circumstances anonymise the data so it is not identifiable and we can continue to use it. We will delete or safely destroy your data once we no longer need it.
Affinity Petcare will keep the data it collects to perform the abovementioned purposes throughout the term of your link with Affinity Petcare and even afterwards, until any legal liabilities arising therefrom prescribe.
With respect to collected data, you may exercise your rights of data access, rectification, objection, erasure, limitation and portability, in accordance with data protection regulations.
You may exercise these rights by sending a message to:
Furthermore, if you consider that the processing of your personal data infringes current legislation or your privacy rights, you may submit a complaint by writing to:
Affinity Petcare hereby informs you that minors under the age of 14 may not register on this Website and so may not take part in any promotional campaigns we may conduct in relation to our business and products.
Furthermore, you are informed that if you are over 14 but under 18, you should tell your parents or legal guardians that you intend to access the Website before doing so, in order that they explain the implications of these General Terms and Conditions and, specifically, the personal data policy contained herein, as well as the possible uses to be made of this Website, notwithstanding the specific cases in which by law the parents or legal guardians of minors between the ages of 14 and 18 must give their consent for their personal data to be processed.
Affinity Petcare reserves the right to review this Privacy Policy at any time it sees fit in order to reflect regulatory changes, good practices or updates of data processing activities. You will be informed of these updates in accordance with regulatory requirements if your rights are appreciably affected as a result of any such modification or updating.
TERMS AND CONDITIONS OF USE
(hereinafter, the “General Terms and Conditions”)
I. General information about the company
Affinity Petcare, S.A., Sociedad Unipersonal (hereinafter, “Affinity”), is a Spanish trading company, holder of TIN A-62.295.761 and registered with the Companies Registry of Barcelona on Folio 94, Volume 32.672, sheet number B-217.337, 13th Entry. Affinity is dedicated, amongst other activities, to the manufacture and sale of pet food.
Affinity is headquartered at:
Plaça Europa, 54-56
L’Hospitalet de Llobregat
08902 Barcelona (Spain)
Tel.: +34 93 492 70 00
Fax: +34 93 492 70 01
Email: hello@affinity-petcare.com
II. Acceptance and amendments to the General Terms and Conditions of the Website
● Acceptance of the General Terms and Conditions
These General Terms and Conditions govern the use of this Internet website (hereinafter, the "Website") that Affinity makes available to the user (hereinafter, the "User"). The use of this Website implies the full and unreserved acceptance of each of the General Terms and Conditions that may be in force at any given time by the User on accessing it and, therefore, if the User disagrees with any of the General Terms and Conditions whatsoever, the User must refrain from using the Website.
● Amendments to the General Terms Conditions
Affinity reserves the right to amend these General Terms and Conditions of this Website at any time whatsoever, as well as any of the other general or specific terms and conditions, regulations on its use, instructions or warnings that may apply. Therefore, the User must read these General Terms and Conditions every time this Website is accessed. As a consequence, the User expressly and fully accepts that the access to and use of this Website is undertaken under the sole and exclusive responsibility of the User.
III. Intellectual property
This Website may include, by way of example but not limited to, information, data, contents, texts, documents, clinical trials, research papers, advertising materials, drawings, technical or other classes of product specifications, databases, sounds, software, corporate symbols, signs, trademarks, graphic designs, a combination of elements, logos and images, which are protected by intellectual or industrial property rights that Affinity holds or is a legitimate licence holder thereof.
Thus, it is strictly prohibited to totally or partially reproduce, publicly disclose, modify, transform, copy, distribute or in any other way exploit or handle this Website, its technical devices, contents, applications, source codes, design, selection of materials and the way they are presented and, in general, any other information contained on this Website.
Likewise, it is prohibited to take apart, perform reverse engineering on or, in general, in any way transfer or produce works using the software programs required to run and access this Website and the services offered on it, as well as to exploit these elements in any way whatsoever. Specifically, it is prohibited to create links, hyperlinks, frames or similar links that may be posted on the Website, without the express prior consent of Affinity.
IV. Use of services and contents
All Users who access this Website must make proper use of its services and contents in line with the philosophy of this Website, as described in this section, and under the principles of good faith and in compliance with current laws.
Therefore, in the case of any services offered or that may be offered on this Website (such as chats, forums and newsgroups), or through official profiles on Social Media, where the opinions of Users may be posted or where they may store contents, the User undertakes not to publish, divulge, disseminate, disclose or distribute any type of material and/or, in general, information or opinions, whose contents go against the legislation in force, moral conduct or public order, are libellous or pornographic, or that tarnish the reputation and image of Affinity or any other third parties.
Users likewise undertake to solely and exclusively perform such actions related to the contents if they lawfully hold the corresponding exploitation rights as provided for by law, namely, the rights to reproduce, distribute, publicly disclose or transform the contents.
Furthermore, it is prohibited to make use of any of the services offered or that may be offered on this Website (such as chats, forums and newsgroups) for profit or in such a way that involves or may involve damage to or unfair competition against the Website and Affinity (that is, conducts such as diverting traffic to another website).
This undertaking also applies to the use of the services offered or that may be offered on this Website. Such use must be in line with the main objective and philosophy of this Website, namely, that the Users may receive and/or share information and experiences about the world of pets and Affinity's products and services on the space designed to do so.
Affinity may not be held liable for any third party contents (such as comments, photographs, videos, chats, forums, newsgroups, etc.) that are in breach of the above and, likewise, it reserves the right to amend or, if necessary, immediately withdraw such contents or information, without this giving rise to indemnity of any kind to the User responsible for posting such contents or information on this Website.
To this regard, Affinity enables the Users of this Website to report and make Affinity aware of any abuse, incidents, violation of rights, inappropriate contents or contents that are in breach of the provisions in these General Terms and Conditions that may appear on this Website of which they become aware by writing an email to hello@affinity-petcare.com. Users must give a brief description of the reasons for their complaint or of the incident in question. Affinity shall act with the necessary diligence in response to a complaint in order to remove or block access to the corresponding data or information. In this regard, the User is hereby informed that the personal data of the informant and the accused may be transferred by Affinity for the purposes of investigating the abuse, incident, content or breach reported and deciding whether the competent public authorities should be made aware of this, in which case the data referred to shall be disclosed to the public and/or judicial authorities, and to law enforcement bodies and agencies. Notwithstanding this possibility of divulging and reporting information offered by Affinity, the User may use other systems for divulging and reporting information contained on the Social Media on which Affinity has created official profiles.
The User is hereby informed that the contents on this Website stored by the User as a consequence of using this Website shall imply the assignment free of charge for an indefinite period to Affinity of all of the exploitation rights over the contents referred to, that is, the rights to reproduce, distribute, publicly disclose and transform such contents.
V. Participation in competitions and promotions
Should the data provided by Users following their participation in competitions and promotions be collected for processing, they shall be duly informed of this in the competition or promotion rules in question and, if applicable, in all other related information provided. However, by way of example but not limited to, the Users are hereby informed that their participation shall be subject to their data being processed for the purposes of sending advertising or promotional messages (including electronic marketing messages) related to Affinity's products, services and activities, as well as for managing their participation in each specific promotion or competition and verifying that the Users fulfil the necessary requisites for receiving the prize given in a promotion or competition, in order to award or send the prize to the winner and to publish the names of the winners and/or materials awarded a prize on this Website, other websites and other media, notwithstanding any other purposes that may be established in each specific competition or promotion.
The Users are likewise informed that whenever any contents are posted on this Website as a result of their participation in a competition or promotion, their acceptance of the terms and conditions of the competition or promotion in question and these General Conditions shall imply the assignment, free of charge for an indefinite period, to Affinity of all of the exploitation rights over the aforementioned contents.
VI. “NUTRITION QUESTIONS” section
This Website may include a “NUTRITION QUESTIONS” section. This section is an online information service that gives opinions of an illustrative, informative and/or educational nature in relation to questions about nutrition that the User may ask. By no means are such views intended to nor should they replace a visit and consultation with a professional veterinarian, as the veterinarians who provide their opinions on “NUTRITION QUESTIONS” do so without physically examining the dog/cat in question. Therefore, anything posted on this Website cannot nor is intended to be used as a veterinary diagnosis or treatment.
Affinity declines all liability for the improper interpretation, use or application of the opinions provided in the “NUTRITION QUESTIONS” section.
Both the questions posed by Users as well as any documentation that Users attach as supporting documentation may be posted by Affinity on its Website and be seen by all its other users. Therefore, Users who ask questions that reference real veterinary clinical cases guarantee that consent of the owner of the pet referred to in each case has been previously obtained in order for it to be posted on the Website. Additionally, should third-party personal data appear in the question or the attached supporting documentation, the User guarantees that consent for said data to be published on the Website has been previously obtained. If the User has not obtained such consent, the question may still be posted on the Website provided that any reference to third-party personal data is removed or deleted.
Furthermore, should questions be posted about case studies given to veterinary school students during the course of their studies, or include fragments of veterinary books or texts, the User must hold the corresponding intellectual property rights or have obtained the necessary license or authorisation to use them in the “NUTRITION QUESTIONS” section.
Veterinarians who answer the questions that Users post in the “NUTRITION QUESTIONS” section shall attempt to answer them as soon as possible, depending on their availability.
In the “NUTRITION QUESTIONS” section Affinity offers Users the possibility to report and to inform Affinity, through the e-mail hello@affinity-petcare.com, of any abuse, incidents, violations of rights, inappropriate content or content that breaches the provisions of these General Terms and Conditions, the laws on data protection and, in general, the legal system that may appear in this section, that Users may be aware of, as detailed in paragraph IV “Use of services and content” of these General Terms and Conditions. Affinity shall act with the necessary diligence in response to a complaint in order to remove or block access to the corresponding data or information.
VII. Social media
The processing of the data of Users who become followers of the official profiles of Affinity and its brands shall be governed by the terms and conditions provided for in the Privacy Policy available in the Website and, subsequently, by the privacy policies, and terms and conditions of use that may be established by the Social Media used.
Affinity shall process the data of the Users who become followers or fans of any of the abovementioned profiles, for the purposes described in the Privacy Policy, as well as for the purposes of properly managing the aforementioned profiles and finding out the opinions and/or comments of Users. By becoming a fan or follower, the Users consent to their data being processed in line with the purposes set out in the environment of the Social Network concerned.
Affinity may remove any information or content from its profile that goes against the rules set out in the general terms and conditions of use of the Social Network in question, as well as against the provisions set out in these General Terms Conditions.
Users may exercise their rights to access, rectify, cancel and contest their data at any time, in the way described in the Privacy Policy. In any event, Users may delete their follower status on the official sites of Social Media by following the steps set out in the terms and conditions of use of any given Social Network, in which case Affinity shall not be able to intervene in this process. Users are likewise reminded that any modifications or amendments to their data on Social Media must be made through their user settings, as Affinity is unable to make such changes.
In order to submit any queries related to the way the Social Media on which Affinity has official profiles process the personal data of followers, the User may contact Affinity at the following email address: hello@affintiy-petcare.com.
VIII. Release of liability
Affinity provides its users with pieces of information, which, despite being compiled by experts in the sector and the diligence taken in drawing them up, may contain inaccuracies or errors, or they may not be up to date when the User accesses them. Therefore, having made the User aware of potential inaccuracies in the content of this Website, Affinity may not be held liable for damages arising from the hypothetical lack of reliability, completeness and/or relevance of the contents, in addition to possible typing errors, shortcomings or flaws in figures that may be posted on the Website.
Furthermore, Affinity may not be held liable for service outages, malfunctions or problems with data network connections through which this Website is accessed, whatever the origin of the malfunction.
Affinity is unable to guarantee that the contents on this Website are suitable or available outside of Spain. Should all or part of the contents on this Website be considered illegal in countries outside Spain, their access and use by Users shall be prohibited and, in the event that they do access them, the User shall be solely responsible for their use.
The use that may be made of the information and contents that appear on this Website and/or access to other third-party websites through the links posted on this Website shall remain the sole responsibility of the Users who perform such actions. Under no circumstances may Affinity be held liable for any damages that may be sustained from such use or activities.
As a consequence, the User expressly and fully accepts that the access to and use of this Website is undertaken under sole and exclusive responsibility of the User.
IX. Applicable law and jurisdiction
These General Terms and Conditions and any matters related to their interpretation, performance or non-performance shall be governed by Spanish law, notwithstanding any EU regulations and international treaties to which they may be subject.
Furthermore, Affinity and the User submit, with express waiver of any other jurisdiction to which they may have recourse, all matters, incidents or disputes that may arise related to this Website, to the Courts and Tribunals to which Affinity is subject by virtue of its registered address as stated above, notwithstanding any other jurisdictions to which it may be subject by virtue of the application of EU Regulation 44/2001 or any other EU regulations and international treaties to which it may be subject.