Legal Information

Please read these Terms and Conditions of Use carefully before accessing and using the website www.dan-on.ca (hereinafter, the "Site") and the webpages accessible from this Site and that refer to these Terms and Conditions of Use.

LEGAL INFORMATION

This Site is governed solely by applicable provincial laws of Quebec and the federal laws of Canada applicable therein. Use of the Site constitutes consent to the application of those laws, as well as of the following terms and conditions, including the Privacy Policy referred to herein and the Limitation of Liability clauses (collectively, the “Conditions of Use”).

IF YOU DO NOT AGREE TO THESE CONDITIONS OF USE, PLEASE DO NOT USE THIS SITE.

This Site is made available to you conditional on your acceptance of these Conditions of Use. By visiting or using this Site, including, without limitation, to use or download Content, you agree on your own behalf, and on behalf of any person on whose behalf you may act, to abide by these Conditions of Use.

“Content” includes, without limitation, messages, information, data, text, software or images, or other content, articles, photographs, illustrations, audio clips, video clips and other materials available or posted on the Site.

This Site is only intended for use by users residing in Canada.

Portions of the Site may refer to and be governed by other rules, terms, conditions or policies (collectively referred to as the "Other Conditions"). All Other Conditions are hereby incorporated by reference into these Conditions of Use. In the event of a conflict between the Other Conditions and these Conditions of Use, the latter shall prevail.

Your use of the Site confirms your unconditional agreement to be bound by these Conditions of Use and by the Other Conditions, if any.

Danone Inc. ("Danone") has the right to amend these Conditions of Use at any time and in any way, and may do so without any other notice. Any such amendment shall be effective thirty days following its posting on the Site. By accessing this Site, you agree to periodically review the Conditions of Use and you agree that you shall be bound by any such amendment.

While visiting the Site, you may not: transmit, post, reproduce or otherwise distribute information or other material: (i) if such action constitutes or encourages the commitment of a criminal offense or could give rise to civil liability proceedings or could encourage conduct that could give rise to such proceedings; (ii) which is protected by copyright, other intellectual property rights, without obtaining permission of the right owner; or (iii) if such action constitutes use of this Site in a manner which is contrary to law, including by distributing or transmitting any information or software containing a virus, cancelbot, Trojan horse, worm or other disruptive component.

The www.dan-on.ca website and the DanOn Genius mobile application (hereinafter the "Mobile App") are provided to you by:
Danone Inc.
100 rue de Lauzon, Boucherville, J4B 1E6, QC Canada
Site Host:
Amazon Web Services Inc.
PO BOX 84023
Seattle, WA 98124-8423
Contact: https://portal.aws.amazon.com/gp/aws/html-forms-controller/contactus/AWSAbuse

INTELLECTUAL PROPERTY

Connecting to the Site or Mobile App grants you the private and non-exclusive right to use their features and contents.

Danone grants you a revocable, non-exclusive, non-transferable, non-sublicensable right to use the Site in Canada, subject to these Conditions of Use. You may download or make a single copy of all or part of the Content for your own personal use, provided you include thereon the appropriate copyright and trademark notices as provided herein.

Notwithstanding rights held by any third party in incorporated elements or software, the Danone Site is an original compilation of independent works and its graphic and visual design, including the Content, source code or other materials, is proprietary to Danone and any others which may own copyrights or any other party credited as the provider of the Content. All visitors shall abide by all copyright notices and restrictions contained in any Content accessible through the Site.

Any product, process or technology described in the Site may be subject to other intellectual property rights belonging to Danone or any third party, as the case may be. Nothing contained herein shall be construed as conferring by implication any license or right under any patent or trademark of Danone or any third party.

The trademarks, logos and service marks, including, but not limited, to the marks listed below, and other names, logos and icons identifying Danone, its affiliates and their products and services (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of Danone, its affiliates and others, as the case may be. Nothing contained on the Site should be construed as granting, even implicitly, any license or right to use any Trademark displayed on the Site without the written permission of Danone or third party that may own the Trademark. Any use of the Trademarks displayed on the Site, or any elements thereof, contrary to these Conditions of Use is strictly prohibited. You are also advised that Danone will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

The names, images and logos contained on the Site are protected by the copyrights, designs and models or trademarks filed by the Danone Group. Under no circumstances will access to the Site or the Mobile App, implicitly or explicitly, grant a right or license to make use of the trademarks, designs and models or copyrights owned by the Danone Group.

Copyrights relating to texts, images and any other elements appearing on the Site or Mobile App are the exclusive property of the Danone Group, or were included with the authorisation of the holders of these rights.

Any full or partial reproduction, by any means whatsoever, is strictly prohibited, unless previously agreed in writing by the Danone Group.

The trademarks and logos of the Danone Group and DanOn appearing on the Site and the Mobile App are trademarks registered worldwide and protected by the laws on intellectual property. Any reproduction or use of these trademarks without the prior written agreement of the Danone Group shall constitute an act of infringement and will be subject to legal proceedings.

The images used on the Site or Mobile App are from the following image banks: Getty Images, Istock, Fotolia, PhotoCuisine

INFORMATION COLLECTED


As part of your use of the Site or the Mobile App, you may be asked to provide information about yourself. We invite you to consult our Privacy Policy for more information regarding the collection, use and disclosure of that information. By using the Site or Mobile App, you consent expressly and without reservation to the use of your personal information under the terms specified below.

1) Information collected directly from you:

- Name and surname;
- Email address and postal address;
- Date of birth;
- Mobile and/or landline telephone numbers;
- Information you provide to us about your family members, such as how many children you have, their names, etc.
so we can send you personalised communications; - Your favourite brands;
- Your account password. .

2) Information we collect from other sources

We can obtain information about you from other sources, such as discount coupons, in order to better know your shopping preferences and therefore send you personalised offers.
All the information we collect about you can be combined to prepare a personalised communication and to develop high-quality products and services.
This information is saved for 1 year by Danone.

Under no circumstance will the user be obliged to send a message, or to participate in a survey or contest. Although the choice not to participate in these activities could have the effect of limiting the ability to receive specific services or products available on the Site or Mobile App, under no circumstances will this choice prevent the user from ordering Danone products or services through other means and would normally have no impact on the ability to enjoy other benefits available on the Site, such browsing and downloading information otherwise publicly available. If any user wants to participate in Danone promotions without disclosing some personal information on this Site, the user must contact the person whose name appears at the end of this policy.

DISCLOSURE

The information obtained is securely stored in a database provided for this purpose.
We do not sell your personal information to companies outside of this Site. We only share your personal information in the way described below and within this Site.

1) Third party service providers

We may call upon third-party service providers to execute certain services for our DanOn Site and Mobile App. Therefore, we may share your personal information with them. In this case, we will provide them only with the data they need to execute their services. We expressly ask them to protect this information and not to disclose it to other companies. These service providers are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any purpose other than to facilitate the specific outsourced related operation, unless you have explicitly agreed or given your prior permission to them for additional uses

. For example, we may call upon a service provider to host our websites, deliver our email and mobile telephone messages, etc.

2) Other Situations

We may share your personal information:
- If a Danone brand is sold to another company, we reserve the right to disclose your personal information to a potential purchaser, both before and after a sale. However, if a sale is completed, we would require that the purchaser acknowledge that it is bound by the provisions of this Privacy Policy and agree to continue to use and disclose your personal information only in accordance with our commitments set out in this Privacy Policy. If a sale is not completed, we would require that the potential purchaser refrain from using or disclosing your personal information and completely destroy any such information;
- In order to protect and defend the rights and property of Danone, and especially by enforcing our Conditions of Use;
- If so required by the law and/or the public authorities. We may occasionally be required to provide personal information by a court order, a subpoena, a valid administrative inquiry or otherwise by law. We also reserve the right to report to any law enforcement agency any activity which we believe in good faith to be illegal.

3) General and non-personal information

We may share general information, which does not reveal your identity, for general commercial analyses. For example, we could reveal the number of visitors to the DanOn Site.

You authorize Danone to collect and keep all relevant information regarding your use of the Site, including identifiable personal information. You authorize any person to provide us with such information to the extent permitted by law. Unless you inform Danone otherwise by e-mail, you also authorize Danone to disclose, on a confidential basis, to any third party with which it has a business relationship, any relevant information relating to your transactions with Danone and your use of this Site.

CONSENT

By using the Site, you agree to abide and be bound by all of the provisions of this Policy, as they may be amended from time to time without notice or other information, and by the Conditions of Use of the Site, periodically posted and updated by Danone.

By using the Site, you understand that when you submit information through the Site, you expressly authorize us to collect, use and disclose such information in accordance with the conditions set out in this Privacy Policy, as amended from time to time.

ACCESS, MODIFICATION AND CANCELLATION

You have the right to access, modify and cancel your personal data. This right may be exercised at any time by using the contact form available on the Site and Mobile App.

RULES OF CONDUCT

Danone hereby authorizes any person to use the Site subject to the following conditions:
• Use of the Site must be solely for informational purposes.
• Use of the Site must be solely for personal or internal purposes and not for commercial purposes and you agree not to resell, distribute, transfer, share or otherwise use the Site or any portion thereof, including any coupons or credits, for any commercial purposes.
• Caching, mirror server systems and proxy/ante-memory systems must be used solely for temporary copying and when essential for a technological process.
• Any Content must be used solely in accordance with applicable laws.
• Any copy of the Content or portion thereof must include this notice and all of the wording contained under the heading "Copyright".
• Any links to the Site must be made solely to the main page (www.dan-on.ca). The presence of a link shall not imply endorsement of or any commercial relationship whatsoever with the organization or person that links the Site.
• Framing is not permitted.
• Trademarks of Danone and trade-names, distinctive signs or essential features must not be used in source code or other programming languages to manipulate search engines or other referring system.
• If you have the possibility of posting Content on the Site, you agree to only post Content that is proper and not to post any Content or links to web pages that are defamatory, inappropriate, obscene, indecent or unlawful.

RESPONSIBILITY FOR MINORS

The Site is not intended for minors. By allowing a minor to use all or any of the Site, you acknowledge that you are fully responsible for his/her conduct and use of the Site. You acknowledge that certain parts of the Site may contain information that is inappropriate for minors. You also acknowledge that the Site may include advertising and that such advertising must not be construed as intended for minors, neither on account of the nature or purpose of the advertised item, nor on account of the manner, time or place the advertising message is presented. IF YOU ARE A MINOR, PLEASE OBTAIN YOUR PARENTS’ PERMISSION BEFORE USING THE SITE AND ENSURE THAT THEY READ THESE CONDITIONS OF USE.

COOKIES

The www.dan-on.ca Site uses "cookies". These are files stored on your computer that allow us to facilitate your access to the services we offer. The data associated with the Site's cookies are anonymous, and are only used by www.dan-on.ca to improve your personalised service. Under no circumstances will the Site's cookies be used for fraudulently collecting personal data.

Most web browsers automatically accept cookies, but you can change your browser settings to prevent that if you do not wish to store the cookies on your computer. However, disabling cookies may affect access to all of the functionalities of the Site. How to turn off all cookies differs for each web browser (e.g., Internet Explorer, Chrome, etc.), so you may wish to consult your browser's "Help" menu for additional information.

Please note that cookies do not damage your computer and cannot by themselves be used to discover the identity of the user.

OPT-INS

You may be offered to receive information about and/or offers from Danone, its subsidiary companies or partners on the Site or Mobile App. No information of this nature can be sent to you without previously requesting your consent, by selecting the corresponding acceptance checkbox.

You may terminate this authorisation at any time. This modification will be processed within ten business days after your application has been received.

GOOGLE ANALYTICS

Pursuant to the mandatory rules decreed by Google for the use of the Google Analytics service, we inform you of the following:
The Site www.dan-on.ca uses Google Analytics, a professional web audience analysis solution supplied by Google Inc. ("Google"). Google Analytics uses cookies, which are the text files placed on your computer and which allow the Site analyst to monitor visits to the same. The information generated by the cookies and relating to your use of the Site (including your IP address) will be sent to and stored by Google on servers located in the United States of America. If your internet browser's option allowing the non-disclosure of your IP address is enabled, this IP address will be truncated by Google before it is sent to the servers in order to make it unidentifiable, and this will be the case for all residents of the European Union or Member States of the European Economic Community. The full IP address can only be sent to Google servers located in the United States of America in exceptional cases and will then only be truncated by Google once it has arrived on these servers. Google will use this information for the sole purposes of evaluating your use of the Site and for preparing reports that allow the Site operator to monitor the Site's activity, and supply other services linked to the activity of the Site and internet use. Google may also transfer this information to third parties when the law so requires or when these third parties process the information for and on behalf of Google. Google does not associate your IP address with any other data held by Google.
You can reject the use of cookies by choosing the appropriate settings in your internet browser. However, in this case you may not be able to access all the features that the Site offers. You can also prevent the collection, processing and use of your data (including IP address) that has been obtained using Google's cookies by downloading and installing the tool available at https://tools.google.com/dlpage/gaoptout?hl=fr.

By using the Site or Mobile App, you expressly agree to the collection, processing and use of your data by Google, according to the methods and purposes mentioned above.

LINKS TO OTHER SITES This Site may provide links to other websites. Please be aware that these other websites are not under our control and that this Policy does not apply to such linked websites. Consequently, we encourage you to read the privacy policy of every website you visit.

Danone makes no representation or warranty whatsoever about any other website which you may access through this Site. In addition, a reference to a website or enabling access to a website through a link cannot be construed as meaning that Danone supports or endorses such website or accepts any responsibility for the content or use of such website.

Danone will make its best efforts to ensure that users can access the Site or the Mobile App at any moment. Danone cannot be held responsible, should the Site become unavailable, on any grounds whatsoever.

DISCOUNT COUPONS

Receive discount coupons for Danone products, for up to $50 per person per year.

These coupons cannot be used cumulatively. You will be offered discounts at the start of each month. Some of them will disappear at the end of the month if they are not printed out. Others may have shorter periods of availability. All conditions of use are shown on the discount coupon.

RECIPES AND RECOMMENDATIONS

The Site and Mobile App are addressed to healthy adults, and do not take into consideration personal conditions such as food allergies, convictions or beliefs, nor medical needs.

The Site and Mobile App propose nutritional recipes and recommendations based on the latest nutritional and scientific information and which are to be followed within the frame of a balanced diet and a healthy lifestyle.

The nutrition information contained in the Site and Mobile App is based on the ingredients and cooking instructions as described in each recipe and mainly uses nutritional data from McCance and Widdowson’s The Composition of Foods integrated dataset as well as other local food composition databases for minor specific local ingredients (http://www.eurofir.org/?page_id=96). Statistical averages are also used. Any information provided herein has been included for general informational and educational purposes only. Although best efforts are taken to provide complete information, no representation or warranty is provided, particularly that successful outcomes will result from following the instructions herein, especially as nutritional properties may vary based on the quality of ingredients and cooking methods used by each household.

The information in this Site and Mobile App is not intended to be a substitute for guidance provided by health authorities nor for professional medical advice. You should always consult a health professional or dietician with any concern regarding your medical condition such as pregnancy or food allergies and intolerances, before undertaking any diet or nutritional program. Always read carefully the labelling of food products before consumption or use in any recipe. Never disregard the advice of health authorities or professional medical advice because of something that you have read on this Site or Mobile App.

SECURITY

Our Site hosting agency has set up commercially acceptable security systems, including firewalls, to protect your personal information as submitted on the Site and to shield it against loss, misuse, unauthorized access, disclosure, alteration or destruction. Physical measures (locked filing cabinets, restricted access to offices), organizational measures (need-to-know basis security clearances) and technological measures (passwords and encryption) are in place to protect personal information. Danone provides regular training and information to its employees stressing the importance of the privacy, confidentiality and security of our clients’ personal information.

You should note that no Internet transmission is ever fully secure or error-free, which is why we make no warranty as to the security of any information that you submit electronically, which you send at your own risk. More particularly, an e-mail sent to or through the Site may not be secure. We recommend that you keep this in mind when deciding what information you provide us through the Site. Moreover, you are solely responsible for safeguarding any passwords, user numbers or other special access features you use on the Site.

TRANSFER OF PERSONAL INFORMATION OUTSIDE OF CANADA

In some cases, personal information that we manage may be processed in Canada and may be disclosed, processed and stored outside Canada, and therefore may be available to government authorities under lawful orders and laws applicable there. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this policy and Canadian law.

LIMITATION OF LIABILITY

Danone and its affiliates take no responsibility for the accuracy or validity of the Content, the information or the graphic elements of the Site nor for their suitability or lack of suitability for any purpose. This information and these graphic elements are provided on an “as is” basis, without any warranty of any kind, express or implied.

By using the Site, you agree that your access to the Site is at your own risk. Danone, its employees, directors, officers, agents and/or affiliates, as well as any third party involved in the creation of the Site, will not, in any event, be held responsible for any damages whatsoever, including direct, indirect, special, incidental and punitive damages arising from use, access or inability to use or access the Site or any information contained in the Site, whether generally accessible on the Site or specifically provided in response to a visitor.

Moreover, Danone makes no representation or warranty as to continuous, uninterrupted or secure access to the Site. You should be aware the operation of the Site may be suspended without prior notice.

COPYRIGHTS

The Site, including without limitation all Content, is protected by Canadian copyright legislation and by Canadian and worldwide copyright treaty provisions. All rights are reserved. Any unauthorized copying, redistribution, reproduction or modification of the Content by any person may be a violation of trade-mark and/or copyright laws and could result in legal action. You agree to comply with all applicable copyright laws when using the Site.

PRIVACY POLICY CHANGES

By using the Site, the user explicitly consents to the collection and use of information such as described above for the purposes described above. If Danone decides to change its Privacy Policy, it will post changes on this page so that visitors are aware of what information we collect, how we use it and under what circumstances we may disclose it.

Copyright © 2015, Danone Inc., All rights reserved