DailyDerma App Terms

1.Dailyderma Application description 

This application, is a smartphone app. which has been developed by VIRBAC (hereinafter the “Application”) in order to facilitate the follow up of the treatment of allergies of your dog, as atopic dermatitis, with your veterinarian (hereinafter the “Veterinarian”).

As an example, you can insert in the Application information concerning your dog and its allergies, Veterinarian's prescriptions, Veterinarian consultation appointment.

Use of the Application does not constitute provision of medical advice on the part of Virbac or any of its affiliate organizations.

2.How to register to the Application?

To register to the Application, you will receive an email from your Veterinarian with a link to download the Application and a code to connect to the Application and create your personal account. 

Once the Application is downloaded, you will have to register the country of your residence and your name.

You will also have to create the profile of your dog giving its:
- name; 
- date of birth;
- gender.

The Veterinarian will have access to the content of the Application and your information filled in the Application through a specific web application.  

3.VIRBAC’s obligations and rights 

3.1 VIRBAC obligations

VIRBAC undertakes to implement all means allowing you reliable and rapid access to the Application and in particular the implementation of technical means to ensure the security (confidentiality, integrity and availability) of the data through an authentication with personal login and password.

Once the log has been completed, a request is sent to a VIRBAC administrator who validates the account. 
Accounts are stored in a directory and passwords are encrypted in SHA1. The data is hosted in the UK by the company Aptum France, whose head office is located at 291 r Albert Caquot, 06560 VALBONNE, RCS Antibes 749 865 820. The datacenter is located in Portsmouth, Hampshire, PO9 1SA, United Kingdom. 

The Application is accessible 24 hours a day, 7 days a week, subject to accidental interruption or interruption necessary for its proper functioning. Such interruption does not give rise to any compensation and in this case, VIRBAC will make every effort to remedy the service.

An assistance service, limited to the use of the Application, is available during the working hours set by Virbac US.

3.2 VIRBAC rights

●    Concerning your personal data 

➔    collected by your Veterinarian

With your consent, the Veterinarian will collect your email address during the consultation in order to send you (i) the link to download the Application and (ii) your personal code to connect to the Application.

The Veterinarian is responsible for the treatment of your email address.

➔    collected by Virbac

Virbac will not have access to your personal data such as your name nor any information contained in the Application. 

Virbac will have access only to your IP address / ID mobile of the device used for the Application. This personal data are collected by Virbac in order to inform you of available updates of the Application. 

●    Concerning the Application

Virbac reserves the right to modify, correct the content of the Application or to interrupt or suspend all or part of the functionalities of the Application, temporarily or permanently, at any time and without notice and for any reason.

VIRBAC cannot be held responsible, in any way, for the consequences of such modifications, interruptions or suspensions.

VIRBAC cannot be held responsible, in any way whatsoever, for direct, indirect or fortuitous damages, indirect or dissuasive damages, resulting from access to the Application, from its use, including any deterioration or virus which could infect your smartphone or computer equipment or any other property, from the interpretation of or from the inability to use the information coming directly or indirectly from the Application.

4.Your Obligations and Rights

4.1 Your obligations

To use the Application you must:

- maintain the confidentiality of your login details;
- use the Application for its intended purpose;
- not attempt to interfere with the proper functioning of the Application;
- declare having accepted the costs as well as the limits specific to any connection to the Internet network. You undertake to access the Application in good technical conditions - hardware, software, telecommunications - so that all the safeguard measures are ensured as well as protection against possible intrusions.

4.2 Your rights

●    Concerning your Personal Data
In accordance with the applicable regulations on the protection of personal data, you have the rights of (i) access, (ii) rectification, (iii) erasure, (iv) limitation, (v) portability of your personal data where applicable and (vi) opposition to the processing of your personal data by contacting privacy@virbac.[country code of the entity]].

For more information regarding how we use your personal data, please click on the following link: Data Privacy

5.Intellectual Property Right

Except the information provided by you, all texts, graphics, images, videos composing the Application, their presentation and their assembly (hereafter the “Application Content”), are the exclusive property of VIRBAC and globally of the VIRBAC group unless indicated otherwise.

The use, reproduction and dissemination of this information or of all or part of the elements composing the Application Content without the prior written authorization of VIRBAC or their authors are strictly prohibited. 

The Application may contain or reference trademarks, patents, private data, technologies, products, processes, or other rights of the VIRBAC Group. No license or right relating to any of these or other rights is granted to you.

Unless otherwise indicated, the trademarks, logos, slogans, whether or not they appear in capital letters or followed by the ^® or ™ symbols, are registered or non-registered trademarks belonging to the VIRBAC Group and are subject to authorization for use. 

With the exception of the limited authorization resulting from these conditions, you refrain from any modification, reproduction, transmission of the Application Content, including texts, images, audio or video media.

None of these provisions should be interpreted as being such as to grant a license right or any other right on the intellectual property rights of VIRBAC.

6.Responsibility

You are solely responsible for access and use of the Application. 

The Veterinarian is responsible for the consultation, choice, use and interpretation of the results provided by the Application as well as the actions and advice which derived therefrom. 

VIRBAC cannot be held liable toward you or third parties for the consequences of the use of the Application by the Veterinarian and/or for omissions following a result or misuse of the results of the Application.

Consequently, VIRBAC cannot be held, by reason of any express or tacit obligation, as civilly liable towards you or the Veterinarian or third parties for any direct or indirect damage resulting from the use of the results of the Application.

Under no circumstances can VIRBAC be held liable for any damage of any nature whatsoever, in particular operating loss, loss of data or any other financial loss resulting from the use or the impossibility of use of the Application referred to herein. In addition, no assistance provided by VIRBAC in the use of the Application can create any additional guarantee in relation to these conditions.

7.Termination

VIRBAC can terminate the Application at any time and stop the service.

You may at any time terminate the use of the Application by unsubscribing in the space provided for this purpose. Your termination request will be taken into account by VIRBAC as soon as possible. 

In the event of non-compliance with these Terms of Use, VIRBAC reserves the right to end your access to the Application without notice, to prevent your re-registration and to initiate any action and/or remedy to put an end to any infringement of VIRBAC rights and obtain compensation for the damage suffered.

8.Law and Jurisdiction

Virbac US governs these Terms of Use.

In the event of a dispute, only the courts of Virbec US will be competent and determined according to the rules of procedure.

9. Platform identification

The Platform is owned and developed by Virbac SA, Société Anonyme with capital of € 10,572,500, registered in the Grasse Trade and Companies Register under number 417 350 311, which registered office is located at 1ère avenue 2065 m LID 06516 Carros, France.