General Conditions

I.- General information about the Affinity Foundation.

The private Affinity Foundation (hereinafter, the “Affinity Foundation”) is a private, cultural, charitable and non-profit company, holder of Spanish tax ID number G-58508763, founded in the year 1987 and registered in the Foundations Register of the Government of Catalonia with the number 350. The Affinity Foundation is dedicated to the communication of the benefits of the bond between people and dogs and cats.

The Affinity Foundation’s registered address is:
Plaça Europa 54-56
08902 L'Hospitalet de Llobregat Barcelona (Spain)
Tel: +34 93 492 70 00
Fax: +34 93 492 70 01
Email: fundacion@fundacion-affinity.org

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

  • Acceptance of the General Conditions.

    These General Conditions regulate the use of this Internet Website (hereinafter the “Website”) that the Affinity Foundation makes available to the user (hereinafter the “User”). Use of this Website implies the complete, full and unreserved acceptance on the part of the User of each and every one of the General Conditions in force each time that the User accesses said Website, therefore if the User does not agree with any of the General Conditions stated here, the User must refrain from using this Website.

  • Amendments to the General Conditions.

    The Affinity Foundation reserves the right to modify these General Conditions of the use of this Website at any time whatsoever, as well as any other general or specific rules of use, instructions or warnings that may apply. Therefore, the User must read these General Conditions each and every time they visit the Website. Consequently, the User expressly and fully accepts that the access and use of this Website takes place exclusively under their sole and exclusive responsibility.

III.- Personal Information.

  • Registration of personal data, its purpose and recipients.
  • Unless stated otherwise, the Affinity Foundation is responsible for all the automated files containing personal data that are collected on this Website. The current Data Protection Policy may vary over time due to potential legislative or jurisdictional changes or because of criteria followed by the Spanish Data Protection Agency. The Affinity Foundation informs the User that it complies with current data protection legislation in force, in particular Organic Law 15/1999 of 13 December on the Protection of Personal Data (hereinafter, “LOPD”) and other development regulations.

    The information and/or data that is voluntarily provided to the Affinity Foundation through this Website, whether through official profiles of the Affinity Foundation in social networks or through any services or actions that the Affinity Foundation may carry out at any time, may be incorporated into files held by the Affinity Foundation for the purposes of managing and maintaining its relations with Users and to inform them of the actions, services, events and campaigns of the Affinity Foundation and the creation, where relevant, of statistical studies.

    Personal data derived from actions carried out jointly between the Affinity Foundation and Affinity Petcare S.A. will be incorporated into their respective personal data files. The Affinity Foundation will treat this data in accordance with the purposes described in this point, but Affinity Petcare S.A. may use it for other purposes according to what is stated in its Privacy Policy, which is included in the Legal Notice of its website http://www.affinity-petcare.com.

  • Consent to receive electronic commercial communications.
  • BY ACCEPTING THESE GENERAL CONDITIONS, USERS EXPRESSLY AUTHORISE THE AFFINITY FOUNDATION TO SEND THEM BY EMAIL OR ANY OTHER EQUIVALENT ELECTRONIC MEDIA (SMS, INTERNET COMMUNICATION SYSTEMS, ETC.), COMMUNICATIONS THAT CONCERN THE ACTIONS, SERVICES, EVENTS AND CAMPAIGNS OF THE AFFINITY FOUNDATION.

    If a User does not wish to receive said information via email or any other electronic medium, they can notify the Affinity Foundation by sending an email with the subject “unsubscribe email” to the email address: fundacion@fundacion-affinity.org.

  • Assignment to third parties.
  • In accordance with the scope and limitations provided in the regulations, the Affinity Foundation may assign User data in order to satisfy a legitimate interest of the data processing manager or the assignee. Beyond such cases and others provided for by law, the Affinity Foundation shall not assign the User’s personal data to third parties, without the prior express consent of the User on every occasion this occurs.

    The Affinity Foundation informs you that third parties entrusted with processing data as provided for by law may have access to files held by the Affinity Foundation in order to be able to provide the services and/or fulfil the obligations arising from the legal relationships entered into between third parties and the Affinity Foundation as part of the operation of the Affinity Foundation’s activities.

  • Right of access, rectification, cancellation and opposition.
  • Users may exercise, in relation to the data collected, the rights recognised by the LOPD and its development regulations and, in particular, the rights of access, rectification, opposition and/or cancellation of data. These rights can be exercised by sending an email with the subject “Data protection” to the email address: fundacion@fundacion-affinity.org or via any postal service, providing the Affinity Foundation is able to acknowledge the receipt of notifications sent in this way, to the following address: Fundación Affinity, Plaça Europa 54-56, 08902 L'Hospitalet de Llobregat (Barcelona) (Spain), indicating the following reference on the envelope: “Affinity Foundation – Data protection”.

  • Notice to minors
  • The Affinity Foundation informs Users that minors under the age of 14 are not allowed to register on this Website.

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

  • Cookies Policy.

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

    When Users visit this Website for the first time, they are informed about the existence of cookies and about the Affinity Foundation’s present Cookies Policy. On future visits by Users to this Website, they may consult this Cookies Policy at any time under the “Legal Notice” tag at the bottom of the Website.

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

What is a cookie?

Cookies are small data files that some platforms, such as web pages, may install on your computer. They have many different functions: they keep track of your movements, they collect statistical information, they allow certain technical functions, etc. Cookies are sometimes used to store basic information about the browsing habits of Users or their computers so that, depending on the circumstances, they can be recognised. 

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

Why are they important?

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

What types of cookies are used on this Website?

The Affinity Foundation Website uses various types of cookies:

  • Cookies for internal use
  • These cookies are indispensable for the operation of the Website since, among other functions, they allow Users’ sessions to be authenticated or maintained when they browse through the Website. Refusing these cookies prevents some of the functionalities of this Website from operating efficiently.

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

In the case of cookies for internal use as well as statistics cookies, the Affinity Foundation uses:

  • Session cookies with an expiry of 1 day
  • Persistent cookies that have an expiry of 1 month
  • Policy acceptance cookies that have an expiry of 6 months

Cookie warranties and options

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

They may also enable the private browsing function, through which the browser stops storing Users’ browsing history, websites’ passwords, cookies and any other information that may be stored by the websites visited by Users. To do so, Users should go to the help page of their browser.

How can Users change cookie settings?

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

Google Chrome: http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647

Microsoft Internet Explorer: http://windows.microsoft.com/es-es/windows7/how-to-manage-cookies-in-internet-explorer-9

Mozilla Firefox: http://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we

Opera: http://www.opera.com/browser/tutorials/security/privacy/

Safari in OSX: http://support.apple.com/kb/ph5042

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

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

IV.- Intellectual Property.

This Website may include, by way of example but not limited to, information, data, content, texts, documents, advertising materials, drawings, databases, sounds, software, corporate symbols, distinctive signs, trademarks, graphic designs, combinations of elements, logos and images, which are protected by intellectual or industrial property rights that the Affinity Foundation holds or is a legitimate licence holder thereof.

Thus it is strictly prohibited, in whole or in part, to reproduce, publicly disclose, modify, transform, copy, distribute or in any other way exploit or handle this Website and/or its information, data, content, texts, documents, advertising materials, drawings, databases, sounds, software, corporate symbols, distinctive signs, trademarks, graphic designs, combinations of elements, logos and images 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 the Affinity Foundation.

V.- Use of services and content.

All Users who access this Website must make proper use of its services and content 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 blogs, forums and chats), or through official profiles on Social Media, where the opinions of Users may be posted or where they may store content, Users undertake not to publish, divulge, disseminate, disclose or distribute any type of material and/or, in general, information or opinions, the content of which goes against the legislation in force, moral conduct or public order, are libellous or pornographic, or that tarnish the reputation and image of the Affinity Foundation or any other third parties.

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

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

This undertaking also applies to the use of the services offered or that may be offered on this Website. Such use must be in line with the main objective and philosophy of this Website, namely, that the Users may receive and/or share information and experiences about the world of pets and, in particular, in relation to the benefits of the bond between people and dogs and cats.

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

In this regard, the Affinity Foundation enables the Users of this Website to report and make the Affinity Foundation aware of any abuse, incidents, violation of rights, inappropriate content or content that is in breach of the provisions in these General Conditions that may appear on this Website of which they become aware by writing an email to fundacion@fundacion-affinity.org. Users shall provide a brief description of the reasons that led to the said complaint or incident. In this regard, Users are hereby informed that the personal data of the informant and the accused may be processed by the Affinity Foundation for the purposes of investigating the abuse, incident, content or breach reported and deciding whether the competent public authorities should be made aware of it, in which case the data referred to shall be disclosed to the public administrative and/or judicial authorities, and to law enforcement bodies and agencies. Notwithstanding this possibility of divulging and reporting information offered by the Affinity Foundation, Users may use other systems for divulging and reporting information contained on the Social Media on which the Affinity Foundation has created official profiles.

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

VI.- Social Media.

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

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

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

Users may exercise their rights to access, rectify, cancel and contest their data at any time, in the manner described in the section “The right to access, rectify, cancel and contest data” above. In any event, Users may delete their follower status on the official sites of Social Media by following the steps set out in the terms and conditions of use of any given Social Medium, in which case the Affinity Foundation 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 the Affinity Foundation is unable to make such changes.

In order to submit any queries related to the way the Social Media on which the Affinity Foundation has official profiles process the personal data of followers, Users may contact the Affinity Foundation at the following email address: fundacion@fundacion-affinity.org.

VII.- Release of liability.

The Affinity Foundation provides Users with information that, despite having been diligently supplied by professionals in the field, may sometimes be inaccurate or erroneous, or even not updated, at the time Users visit this Website. Therefore, having made Users aware of potential inaccuracies in the content of this Website, the Affinity Foundation may not be held liable for damages arising from the hypothetical lack of reliability, completeness and/or relevance of the content in addition to possible typing errors, shortcomings or flaws in figures that may be posted on the Website.

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

The Affinity Foundation is unable to guarantee that the content on this Website is suitable or available outside of Spain. Should all or part of the content on this Website be considered illegal in countries outside Spain, its access and use by Users shall be prohibited and, in the event that they do access it, Users shall be solely responsible for its use.

The use that may be made of the information and content 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 the Affinity Foundation be held liable for any damages that may be sustained from such use or activities.

Consequently, the User expressly and fully accepts that the access and use of this Website takes place exclusively under their sole and exclusive responsibility.

VIII. Applicable law and jurisdiction.

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

Furthermore, the Affinity Foundation 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 the Affinity Foundation 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.