Piavita AG – LEGAL DOCUMENTS 

OUR LEGAL ARCHIVE

GENERAL TERMS AND CONDITIONS OF SALE

1. Scope of application

The  General Terms and Conditions of Sale are applicable to all orders placed by customers with Piavita AG, with registered office at Technoparkstrasse 1, 8005 Zurich, Switzerland (hereinafter “Piavita”), which develops and sells a veterinary measuring system consisting of medical instruments and respective software services for use on animals, in particular on horses (the “Piavet System”). The customers or target groups are professionals and private individuals with the necessary specialist knowledge. The Piavet System is to be used exclusively for the intended purposes and animals. The Customer’s General Terms and Conditions of Business are not recognised.

Please read these General Terms and Conditions of Sale, the Privacy Policy and the Terms of Use of our website before using Piavita’s website and/or placing an order.

Each order placed with Piavita shall be governed by these General Terms and Conditions of Sale.

 

2. Orders

You can order the Piavet System:

  • by visiting our website www.piavita.com;
  • By telephone: +41 (0) 44 578 17 68; +49 (0) 151 2259 7425
  • By email: orders@piavita.com
  • By letter: Piavita AG, Technoparkstrasse 1, 8005 Zurich, Switzerland; or Piavita AG, Ringbahnstrasse 18, 12099 Berlin, Germany;
  • In person, with one of our representatives.

Website orders:

You can order the Piavet System on our website by clicking “Get Piavet”. After choosing the desired Piavet System pack at our website and adding it to the shopping cart, you will access the checkout page where you will need to fill-in the requested information (such as your name, location and contact details). The personal data provided when requesting the Piavet System is protected by our Privacy Policy. On the checkout page you will also be able to review your order and see the total price and information on the payment process. Before placing the order you will need to confirm that you have read the General Terms and Conditions of Sale and Terms of Use. After placing the order, you will receive in separate emails an instant order confirmation as well as an order confirmation and an invoice with the payment details of the ordered products.

Other orders:

When you order the Piavet System in person, by telephone, by email or letter, Piavita will send you an offer letter with the details of the chosen pack, price and respective invoice for payment, as well a copy of the General Terms and Conditions of Sale. The offers from Piavita must be made in writing and are binding for twenty (20) days from the date of issue.

Unless otherwise stated, a purchase contract comes into effect at the latest upon acceptance of the delivery. When accepting goods in the context of a test use, the provisions under the section 5 “TEST USE WITH RETURN POLICY” apply.

3. Shipment and Delivery

The orders confirmed by Piavita  will be shipped upon receipt of full payment, and will be delivered to the delivery address indicated by you when placing an order. The delivery of the Piavet System shall be made by post or in person by a Piavita employee, and you will receive via email a link with instructions to access the software components (the “Piavita Platform”).

Piavita may contact you by SMS, telephone or email with information regarding the order and delivery.

Changes in shape, colour, and material are reserved. We reserve the right to deviate from product images. The customer is responsible for required installations on site (e.g. internet connection), whereby these are to be organised by the customer.

 

4. Import duty and customs

If you order the Piavet System from our website for delivery outside of Switzerland and the EU, it may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for the payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount.

Please note that you must comply with all applicable laws and regulations of the country for which the products are destined. Piavita will not be liable for any breach by you of any such laws.

 

5. Revocation

Piavita grants a fourteen (14)-day right of withdrawal without stating reasons. The cancellation period is fourteen (14) days after the customer has taken possession of the Piavet System. In order to exercise the right of withdrawal, the customer must inform Piavita AG (Technoparkstrasse 1, 8005 Zurich, Switzerland) by means of a written declaration. For the timely declaration of withdrawal, the date of shipment is decisive. In the case of a cancellation, the customer agrees to return the goods completely, in original packaging, and unused to Piavita AG. The return takes place immediately after revocation and shall be at the expense of the customer.

When the return is properly completed, Piavita shall reimburse the price of the returned goods (excluding the invoiced delivery charges which are not reimbursable) within a maximum of thirty (30) days upon receipt of the returned goods. The reimbursement will be made using the same means of payment as the customer used for the initial transaction, unless you have expressly agreed otherwise.

 

6. Ownership

The ownership of the delivered Piavet System will only be transferred to the customer after full payment of the purchase.

 

7. Price

Our prices are based on the individual offers in the respective country of destination plus applicable VAT and sales taxes.

When you place an order on our website, the total prices payable for the products you chose are the prices displayed on our website on the date you place the order, and they include any applicable taxes.

If any delivery charges are applicable, they will be indicated on the website on the date you place the order. We will provide detailed information about applicable delivery charges during the checkout process (for orders on the website) or on the invoice (for other orders).

We reserve the right to modify the prices of our products at any time. Modifications of the prices will not apply to orders already confirmed by us.

 

8. Payment

Payment takes place via the methods of payment suggested in the order process. Invoices are payable within twenty (20) days without deduction. If payment of all owed amounts is not made on time, including the payment of all the costs detailed in the order confirmation or offer letter, Piavita reserves the right to withdraw from the contract or offer and to charge the customer the costs of CHF / EUR 50.- per reminder. In case of late payment of usage fees, Piavita reserves the right, after prior notification, to pause the use of the Piavet System via the Piavita Platform until all outstanding fees have been paid in full.

 

9. Duration of the services and usage fee

The services included in the purchased Piavet System have the duration of one (1) year. The period of use of one (1) year begins with the receipt of the complete Piavet System or the expiry of any test use granted, according to the contract or offer letter. Use will be charged at the beginning of each billing period. The term is automatically extended by the previous period of use.

 

10. Termination of the services

Use of the Piavet System must be terminated in writing three (3) months in advance of the end of the use period. Terminations must be addressed to Piavita AG (Technoparkstrasse 1, 8005 Zurich, Switzerland) by written declaration.

 

11. Scope of service and warranty

The applicable statutory warranty rights are available to you, in particular the rights contained in Art. 197 ff. of the Swiss Code of Obligations (“OR”). This holds particularly regarding the rights a buyer might claim if there is a defect at the time of transfer of ownership in accordance with Art. 197 ff OR and for rights of the buyer potentially arising from the Swiss Product Liability Act. An additional guarantee only exists for delivered goods if this has been explicitly stated in the respective product’s order confirmation. An extended guarantee is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described. Piavita commits itself to the customer for the careful provision of the defined services. The defined scope of services and the corresponding conditions of use of the Piavet System are regulated in the respective user manual. Piavita assumes no liability for a) a continuous, uninterrupted, and trouble-free functioning of all the services; b) comprehensive network coverage with mobile systems; c) content or services provided by third parties or retrievable from third parties; d) avoiding data loss due to network malfunction or equipment repair; Piavita reserves the right to perform maintenance on the Piavita Platform, which may be associated with interruptions or slowdowns.

 

12. General exclusions of liability

a) Piavita assumes no liability for misuse of the Piavet System and related accessories. In particular, it should be noted that all measures for animal-friendly use must be observed. b) Damaged Piavita products (or parts thereof) may not be used. c) Piavita assumes no liability for injuries to animals or humans caused by Piavita products (or parts thereof), in particular due to improper use or lack of care. d) Piavita accepts no liability for damage caused by any of the following causes: negligent, improper, illegal or unlawful storage or use of the products, storage or use contrary to the contract, negligent damage of the system components, use of incompatible accessories, neglected maintenance and / or improper modification or repair of the products by the customer or a third party, acts of nature beyond control, especially elemental such as moisture, fall and impact damage etc., which are not to be represented by Piavita and/or official orders. e) Piavita rejects liability for indirect or consequential damages and/or loss of profits. f) Piavita assumes no liability for a faulty or incomplete measurement. Measurements may be falsified or interrupted due to loose attachment of the harness, physiological condition of the animal, detachment of the device from the animal’s body, or other conditions. g) Piavita assumes no liability for missing or faulty alarms. Alarms are based on the vital data limits entered by the user, which can be influenced and thus triggered by different factors. Horses and animals in general can show different signs of disease, a complete and correct measurement can never be guaranteed. h) Care must be taken to ensure that all Piavita products are kept out of the reach of children and animals. i) Sufficient care and supervision by the buyer and other users of Piavita products must be provided. j) Piavita does not replace a veterinarian nor a comprehensive veterinary examination. Diagnosis can only be made exclusively by a qualified veterinarian. k) Piavita assumes no liability in case of errors or omissions in the photographs or texts displayed on the website. The photographs and texts illustrating and describing the products on the website are non-contractual and for information purposes only.

13. Data privacy

In order to provide services to our customers, Piavita may collect, store and process personal data in compliance with applicable data protection standards. Personal data is provided by the customer or automatically generated by the usage behavior of the services. The collected data may be processed for the following purposes: a) to check the conditions for concluding a contract; b) to fulfil contractual obligations towards the customer; c) for the care, development and maintenance of the customer relationship, as well as to advertise, design and develop Piavita products; d) to customise services or to provide personalised content; f) preventing the use of services hat is unlawful or contrary to the contract; g) for invoicing and collection purposes; If the customer makes use of the services of third parties, Piavita may pass on to the third party those customer data that it needs to fulfil the contractual obligations towards the customer. The customer may withdraw its consent to the use of its data for marketing purposes at any time.

 

14. Use of Piavet System measuring data

a) The Piavet System data is transmitted multiple times encrypted. Comprehensive internal measures to protect the collected data are taken. b) The measured and processed vital data may be used anonymously to improve internal processes and algorithms. c) Cumulated abstracted or anonymised data and data sets (big data) may be used for development, study and business purposes and passed on to third parties.

 

15. Governing Law and Disputes

These General Terms and Conditions of Sale and in connection with the contracts concluded with Piavita – also in cross-border traffic – and any resulting disputes shall be governed by and construed in accordance with  Swiss Law. Jurisdiction for all disputes between Piavita and its customers will take place in Piavita’s headquarters in Zurich. Swiss law shall not however apply in a situation where a customer has better rights according to mandatory applicable consumer protection law in the country where the customer resides.

Should one or more provisions of these General Terms and Conditions of Sale be or become wholly or partially invalid or unenforceable, the validity or enforceability of the remaining provisions of these terms and conditions shall not be affected. In this case, the parties will replace the ineffective or unenforceable provision with a valid and enforceable provision which most closely approximates the economic purpose of the provision to be replaced. The same applies in the event that General Terms and Conditions of Sale should contain a regulatory gap.

Notwithstanding the foregoing, Piavita may take any legal action necessary at any competent court in the customer’s country of residence for collection of delayed payments. The parties do hereby accept that the jurisdiction of such court shall apply for such purpose.

16. Final provisions

Piavita reserves the right to change these General Terms and Conditions of Sale at any time. The latest version of the General Terms and Conditions of Sale can be requested anytime from Piavita. The General Terms and Conditions of Sale apply at the time of the respective contract closing date. In case of non-payment, the use of the customer of the Piavita Platform by Piavita may be paused with prior notification.

ACCESS THE INDIVIDUAL PAGE FOR TERMS & CONDITIONS OF SALE HERE

PRE-ORDERS TERMS AND CONDITIONS

1. Scope of Application

The Pre Order Terms and Conditions apply to all pre-orders placed by customers with Piavita AG, with registered office at Technoparkstrasse 1, 8005 Zurich, Switzerland (hereinafter “Piavita”), which develops and sells a veterinary measuring system consisting of medical instruments and respective software services for use on animals, in particular on horses (the “Piavet System”). The customers or target groups are professionals and private individuals with the necessary specialist knowledge. The Piavet System is to be used exclusively for the intended purposes and animals. The Customer’s General Terms and Conditions of Business are not recognised.

Please read these Pre-Order Terms and Conditions, the General Terms and Conditions of Sale, the Privacy Policy and the Terms of Use of our website before placing a pre-order. Each pre-order placed with Piavita shall be governed by these terms.

2. Pre-orders

Pre-orders of the Piavet System are available only to customers located in the United States, from November 2018 until an undecided future date. Pre-ordering the Piavet System means that you will be charged the full price and shipping fees at the time you make the pre-order, but that the Piavet System will only be delivered at a later date. By pre-ordering the Piavet System you represent and warrant that you have read these terms.

3. Placing a pre-order

You can pre-order the Piavet System:

  • by visiting our website www.piavita.com;
  • By telephone: +41 (0) 44 578 17 68; +49 (0) 151 2259 7425
  • By email: orders@piavita.com
  • By letter: Piavita AG, Technoparkstrasse 1, 8005 Zurich, Switzerland; or Piavita AG, Ringbahnstrasse 18, 12099 Berlin, Germany;
  • In person, with one of our representatives.

Website pre-orders:

You can pre-order the Piavet System on our website by clicking “Pre Order  Piavet”. After choosing the desired Piavet System pack at our website and adding it to the shopping cart, you will access the checkout page where you will need to fill-in the requested information (such as your name, location and contact details). The personal data provided when requesting the Piavet System is protected by our Privacy Policy. On the checkout page you will also be able to review your pre-order and see the total price and information on the payment process. Before placing the order you will need to confirm that you have read the Pre-Order Terms and Conditions as well as the General Terms and Conditions of Sale. After placing the pre-order, you will receive in separate emails an instant pre-order confirmation as well as a pre-order confirmation and an invoice with the payment details of the pre-ordered products.

Other orders:

When you pre-order the Piavet System in person, by telephone, by email or letter, Piavita will send you an offer letter with the details of the chosen pack, price and respective invoice for payment, as well a copy of the Pre-Order Terms and Conditions and of the General Terms and Conditions of Sale. The offers from Piavita must be made in writing and are binding for twenty (20) days from the date of issue.

4. Payment

The total price of the selected Piavet System pack includes applicable VAT and sales taxes, as well as shipping fees, and it will be paid in USD using the available payment methods. You are responsible for any and all additional customs, taxes and/or fees that may arise from our delivery of your order.

5. Shipping

Shipments are expected to occur during 2019. The estimated date for shipment of the first pre-orders is March 2019. This date represents Piavita’s best estimate at the time of writing but it is preliminary and subject to change, depending on availability of the products and the location of the customer.

Cancelation

You or Piavita may cancel a pre-order at any time for any or no reason prior to our notice to you that your Piavet System is ready for delivery. If you do so prior to our notice of delivery, you will obtain a refund of the purchase price (excluding shipping fees) without interest. If Piavita cancels your pre-order you will receive a full refund of the purchase price without interest (and you will not pay any processing fee).

Limitation of liability

IN NO EVENT SHALL PIAVITA BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR THE USE OF OR INABILITY TO USE OR DELIVER ANY PRODUCT, EVEN IF PIAVITA KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. PIAVITA’S AGGREGATE CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS AND THE USE OF, OR INABILITY TO USE, OR DELIVER, ANY PRODUCT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED THE PRICE PAID BY CUSTOMER FOR SUCH PRODUCT.

Warranty

PIAVITA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SHIPMENT DATE OF THE PRODUCT(S).

General Terms and Conditions of Sale

The purchase by pre-order of the Piavet System is subject to additional terms and conditions. The applicable General Terms and Conditions of Sale can be found in the footer of the checkout page and are subject to change without notice. Your purchase of the Piavet System will be subject to these Pre-Order Terms and Conditions as well as to the General Terms and Conditions of Sale.

ACCESS THE INDIVIDUAL PAGE FOR PRE-ORDERS TERMS & CONDITIONS HERE

PRIVACY POLICY

Please read this document carefully before continuing. Persons who take actions like interactions / visits / sign ups / purchases at the piavita.com website of Piavita AG acknowledge and agree that information will be collected and processed according to the privacy statement described below.

OVERVIEW

Your trust is important to us, which is why we take the issue of data protection seriously and ensure the appropriate level of security. We always take every necessary measure to treat your personal data in compliance with the applicable data protection laws.

By reading this privacy policy you will get a clear picture of how and why your personal data is collected and processed whenever you access Piavita’s website and online shop.

As we keep developing and improving our website, and in order to comply with any future regulations concerning data protection, it may be necessary to update, amend or adjust the Terms of Use of our website and the General Terms and Conditions of Sale or this Privacy Policy. Therefore we suggest that you check our Privacy Policy every time you visit our website. Nevertheless, if substantial changes are made to this document you will be informed by the display of a notice on our website.

Data Controller

Piavita AG (Technoparkstrasse 1, 8005 Zurich, Switzerland), with Commercial Register Number: CHE-293.720.241, operates the website piavita.com and is therefore the data controller, i.e. the body responsible for the collection, processing and use of your personal data and compliance of the said data processing with the applicable laws.

The provisions of this Privacy Policy shall supersede any terms and previous policies which may be in conflict with the content of this Privacy Policy.

You can print or save this document by using the normal options of your internet browser.

DATA PROTECTION

Please take note of the information below so that you know which data we collect from you and for what purposes it is used.

1. Legal basis for the processing of personal data

Whenever we obtain the consent of the data subject for processing of personal data, Art. 6 (1) (a) of the General Data Protection Regulation (GDPR) applies as the legal basis for the processing of personal data.

In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) GDPR is the legal basis. This also applies to processing operations required to carry out pre-contractual actions.

In the event that processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 (1) (c) GDPR is the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR is the legal basis.

If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interests, fundamental rights and freedoms of the data subject do not prevail over the former interests, Art. 6 (1) (f) GDPR is the legal basis for processing.

2. Scope and purpose of the collection, processing and use of personal data

By visiting our website you consent to the collection and use of your personal data as described herein. If you do not agree with the terms set out herein, please do not visit our website. If required by applicable law, we will ask for your explicit consent to process personal data collected on this website or volunteered by you. Kindly note that any consent will be entirely voluntary. However, if you do not grant the requested consent to the processing of your personal data, the use of this website may not be possible.

For the purposes of this Privacy Policy, “personal data” means any information related to a person which can be used to identify that person. If the identity has been removed, the data will be anonymous and will not qualify as personal data.

Processing of personal data means any form of handling your personal data, for instance using, storing, disclosing or deleting the said data.

2.1. when you visit www.piavita.com

Cookies

Cookies help in many ways to make your visit to our website more secure, user-friendly, simple and pleasant. Cookies do not damage your computer, they do not contain viruses and they do not transfer your personal data to us. Cookies are information files that are stored on your computer and saved by your browser when you visit our website. We use cookies, for example, in order to personalise the information, offers and advertisements that you see and to better align ourselves to your individual interests. Their use does not mean that we receive new personal data about you as an online visitor. Most internet browsers accept cookies automatically. It is possible, however, to configure your browser so that no cookies are stored on your computer or so that a message will always appear when you receive a new cookie.

Disabling cookies may prevent you from being able to use all of the features on our website.

For more information please read our cookie notice, which can be found here: https://www.piavita.com/cookie-notice/

Server Log Files

When you visit our website, your browser will automatically collect and store information which is automatically transmitted to us in server log files (our servers make a temporary record of each access and store it in a log file). The following data is collected and stored, without any action on your part, until it is automatically deleted by us after seven (7) days at the latest:

•anonymised IP / IP address

•the time and date of access

•the name and URL of the file called up

•the website from which access is made

•the operating system of your computer and the browser used

•the country from which access is made and the language settings of your browser

•the name of your Internet access provider

The said data is collected and processed for the purpose of allowing you to use our website (establishing a connection), ensuring system security and stability in the long term and allowing our Internet offering to be optimised, as well as for internal statistical purposes. This is our legitimate interest in the processing of data within the meaning of Art. 6 para. 1 lit. f GDPR. The IP address is also analysed in the event of attacks on the network infrastructure of www.piavita.com as well as for statistical purposes.

2.2. when you use our contact forms

You have the option of using a contact form to get in touch with us or to book a free trial of our system.

Doing so requires that you enter the following personal data:

•Title

•First name and surname

•E-mail address

We only use this data in order to answer your queries in an optimum manner and in a way that is tailored to you. The processing of your contact request constitutes our legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. You can object to this data processing at any time (for more details, see further below, Section 9).

2.3. when you use our online shop

In order to make purchases at our online shop, you will have to provide personal information such as name, contact details and address, and agree to a contract (the General Terms and Conditions of Sale).

If you choose to purchase our products at our online shop we may collect the following personal data from you:

•First name and last name;

•Billing address;

•Telephone number(s);

•E-mail address(es).

You agree to provide personal data which is in all respects true, accurate and up to date and is not, in any

respect, misleading, deceptive or inaccurate or likely to mislead or deceive.

We may collect information about your computer, including your IP address, operating system and browser

type, for system administration and to collect information about how our customers use our website. This is

statistical data about our users’ browsing actions and patterns, and does not identify any individual.

2.4 when you register for our newsletter mailing via MailChimp

For the mailing of our newsletter we use the technical service “MailChimp” of the company The Rocket Science Group, LLC d/b/a MailChimp, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA (http://www.mailchimp.com/). Piavita forwards to Mailchimp the data you provide to us when signing up for the newsletter. Please note that your data will generally be transmitted to a MailChimp server in the USA and stored there.

MailChimp uses that information for mailing and statistical analysis of newsletter by order of Piavita. For analysis, the e-mails sent contain so-called “web-beacons” or “tracking pixels” (single-pixel image files), which are stored on our website. They let us know, for example, whether you opened a newsletter message and which links you clicked on. Technical information is recorded, too (e.g., time of opening, IP address, browser type and operating system). Such data are collected exclusively in pseudonymized format and not linked with your other personal data, so that it is impossible to determine your identity on that basis. Such data are used exclusively for statistical analysis of newsletter campaigns. The findings from those analyses can be used to better adapt future newsletters to the interests of the recipients.

Moreover, MailChimp itself may use such data for its own legitimate interests in need-based design and optimization of the service for market research purposes, in order to determine the home countries of the recipients, for example. MailChimp does not use the data of our newsletter recipients, however, to write to them directly or to forward the data to third parties.

The legal basis for the processing of the data with the consent of the user after the user has registered for the newsletter is Art. 6 (1) (a) GDPR.If you object to the data analysis for statistical purposes, you have to unsubscribe from the newsletter.

To protect your data in the USA, Piavita and MailChimp have entered into a data-processing agreement based on the standard contract clauses of the European Commission in order to enable the transmission of your personal data to MailChimp. Interested parties can view that data-processing agreement at the following address: http://mailchimp.com/legal/forms/data-processing-agreement/.

Moreover, MailChimp is certified under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, which require MailChimp to comply with the applicable data protection provisions. MailChimp’s privacy policy is posted at: https://mailchimp.com/legal/privacy/

2.5. When you use our live chat to contact Piavita

We use the chat service of Olark by Habla, Inc. 245 Ramona St. Palo Alto, CA 94301, which allows Piavita’s customers to chat directly with employees of Piavita and get questions answered. During the chat connection, we display the location, IP address, browser and website visited. We do not have access to this data after the connection has been terminated. For details on Olark’s handling of your personal data and your rights in this regard, please refer to Olark’s privacy policy here: https://www.olark.com/pages/tos.

Olark places cookies on your computer. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the live chat functionality of your web interface.

2.6. When you visit the “News” section on our website

Piavita uses the services of the blogging provider and network A Medium Corporation, 760 Market Street Floor 9, San Francisco, CA 94102, USA. When you visit our website and click on the “news” button on the “Company” menu at the bottom of our website, you will be directed to Medium.

Medium will process your personal data. Piavita has no influence on which data is processed by Medium and how Medium processes the data.

For further information on the purpose and scope of the data processing and the further processing and usage of your date by Medium and your rights and settings, see Medium’s privacy policy under https://medium.com/policy/medium-privacy-policy-f03bf92035c9.

2.7. YouTube Videos

Piavita uses the YouTube embed function for display and playback of the videos from “YouTube”, which is owned by Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).

The extended data protection mode is used which, according to YouTube, does not begin storage of user information until playback of the video(s). Once the playback of an embedded YouTube video has been launched, YouTube uses cookies to collect information about the user’s behaviour. According to “YouTube”, such information is used to record video statistics, improve user-friendliness and prevent abusive practices If you are logged into Google, your data will be assigned directly to your account if you click on a video. If you do not want your data to be assigned to your YouTube profile, you need to log out before clicking the button. Google stores and analyses your data in the form of user profiles (even in the case of users who are not logged in). Such analysis is performed, in particular, based on Google’s legitimate interests in displaying personalized advertising, market research and/or need-based design of its website. You are entitled to object to the formation of this user profile, in which case you must exercise that right on YouTube.

Regardless of playback of the embedded videos, every time you open the website a connection is established with the Google network “DoubleClick”, which may trigger further data processing that is beyond our control.

Google LLC, which is based in the USA, is certified under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, which ensures compliance with the data protection standards applicable in Switzerland and in the EU. For further information about YouTube’s data protection, see the provider’s privacy policy at: https://www.google.de/intl/de/policies/privacy

2.8. Typeform

Piavita uses the service provider TYPEFORM SL, based in Carrer Bac de Roda 163, 08018 Barcelona,

Spain, for the collection of user-replies and surveys on our marketing and product websites. Typeform is

subject to the data protection provisions of the European Union. When participating in a survey, the IP

address of the user, information on the time and duration of the survey as well as the information provided

in the survey form by the user are transferred to Typeform. The privacy policy of Typeform can be viewed

here: https://admin.typeform.com/to/dwk6gt.

2.9. Google reCAPTCHA

Piavita uses “Google reCAPTCHA” on its website. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). Google reCAPTCHA is used to check whether the data entered on our website (such as on a contact form) has been entered by a human or by an automated program. To do this, Google reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis starts automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g. IP address, how long the visitor has been on the website, or mouse movements made by the user). The data collected during the analysis will be forwarded to Google. The reCAPTCHA analyses take place completely in the background. Website visitors are not advised that such an analysis is taking place. Data processing is based on Art. 6 (1) (f) GDPR. The website operator has a legitimate interest in protecting its site from abusive automated crawling and spam. For more information about Google reCAPTCHA and Google’s privacy policy, please visit the following links: https://www.google.com/intl/de/policies/privacy/ and https://www.google.com/recaptcha/intro/android.html.

3. Use of your data for advertising purposes

Creation of pseudonymised usage profiles:

In order to provide you with personalised services and information on our website (on-site targeting), we use and analyse the data that we collect about you when you visit the website. For the corresponding data processing, what are known as cookies may be used where necessary (see section 2.1). The analysis of your user behaviour may be used to create what is known as a usage profile. The usage data is combined only with pseudonymous data, and never with data that has not been pseudonymised.

To allow personalised marketing in social networks, we incorporate so-called remarketing pixels from Facebook and Twitter into the website. If you have an account with one of the aforementioned social networks and are logged in at the time of your visit to our website, this pixel links the visit to our website with your account. Log out of your account prior to visiting our website if you would like to prevent this link from being made. Further advertising settings can be made from in your user profile in the relevant social networks.

The creation of pseudonymised user profiles for advertising and analysis purposes is based on a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. This applies to all data processing operations listed in this Section 3. The legitimate interest lies in direct marketing and analysis of the use of our website.

4. Transfer of data to third parties

We pass your personal data on only if you have expressly consented to this, if there is a legal obligation to do so or if this is required in order to enforce our rights, in particular in order to enforce claims resulting from the relationship between you and Piavita.

We also pass your data on to third parties where this is required in conjunction with use of the website in order to provide you with the services requested or to analyse your user behaviour. If this is required for the purposes specified in the preceding sentence, your data may also be passed on to third parties abroad. If the website contains links to websites of third parties, Piavita will no longer have any influence on the collection, processing, storage or use of personal data by third parties once you click on such links and assumes no responsibility in this regard.

5. Cross Border Transfers

5.1. Piavita is entitled to also pass your personal data on to third-party companies (commissioned service providers) abroad, where this is required for the data processing described in this privacy policy. The said third-party companies are obliged to protect your data to the same extent as we are. If the level of data protection in a country does not correspond to the level of data protection in Switzerland or the European Union, we ensure by contractual means that the protection of your personal data corresponds to that in Switzerland or the Economic European Area at all times.

5.2. Data transfer to the USA:

•For the sake of completeness, we would like to point out to users residing or based in Switzerland that in the USA there are monitoring measures taken by the USA authorities that generally allow the storage of all personal data relating to all persons whose data has been transferred from Switzerland to the USA. This happens without differentiation, limitation or exception on the basis of the aim pursued and without an objective criteria that makes it possible to limit access to the data by USA authorities and its later use to very specific, strictly limited purposes that may justify the intervention associated with both access to this data and use thereof. We would also like to point out that there are no judicial remedies in place in the USA for affected persons from Switzerland that would make it possible to receive access to the data relating to them and to have this corrected or deleted, as well as no effective legal protection against general access rights by USA authorities. We refer the persons affected explicitly to this legal and factual situation so that they can make an appropriately informed decision on whether or not to consent to their data being used.

•For users residing in EU Member States, please note that, from the point of view of the European Union, the USA does not have sufficient data protection levels due, inter alia, to the issues mentioned in this section. To the extent that we have explained in this privacy policy that recipients of data (such as Google, Facebook and Twitter) are located in the USA, we will either based on a contract or by securing certification of these companies under the EU-USA Privacy Shield ensure that your data is protected at an appropriate level by our partners.

6. Data security

We take appropriate technical and organisational security measures to protect any of your personal data that we have stored from manipulation, partial or complete loss and unauthorised access by third parties. Our security measures are constantly being improved in line with technological developments.

You should always treat your payment information as confidential and close the browser window once you have ended your communication with us, particularly if you are on a shared computer.

We also take data privacy within our organisation very seriously. Our employees and the service providers commissioned by us are obliged to maintain confidentiality and comply with our data protection provisions.

7. Tracking tools

On our website we use various tracking tools. We use data for analytics and measurement to understand how our services are used. For example, we analyse data about your visits to our sites to do things like optimise product design. And we also use data about the ads with which you interact to help advertisers understand the performance of their ad campaigns. We use a variety of tools to do this, including Google Analytics. These tracking tools are used to monitor your surfing behaviour on our website. This is for the purposes of needs-based design and continuous optimisation of our website. In connection with this, pseudonymised usage profiles are created and small text files that are saved on your computer (“cookies”) are used.

For further information about the tracking tools used and the data processing that takes place, please read Google’s privacy policy: https://www.google.com/intl/de/policies/privacy/

 8. Analysis of newsletter use

•To send our newsletter, we use e-mail marketing services of third parties (Mailchimp), as mentioned above in section 2.4. Our newsletter may therefore contain a web beacon (tracking pixel) or similar technical tools. A web beacon is an invisible graphic image, 1×1 pixel in size, that is associated with the user ID for the relevant newsletter subscriber.

•The use of these services allows us to analyse whether or not the e-mails containing our newsletter have been opened. In addition, the click behaviour of recipients of our newsletter can also be collected and analysed. We use this data for statistical purposes and in order to optimise the newsletter with regard to content and structure. This allows us to better align the information and offers in our newsletter to the individual interests of the recipient in question. The tracking pixel is deleted if you delete the newsletter.

•If you wish to prevent tracking pixels from being included in our newsletter, please set your e-mail software such that HTML is not displayed in messages.

9. Right to information, correction, erasure and restriction of processing; Right to data portability

•You have the right to receive information about the personal data that we store about you free of charge upon request. In addition, you have the right to correct inaccurate data and the right to delete your personal data, as far as there is no statutory storage obligation or another legal basis for the processing in the sense of art. 6 GDPR that allows us to continue processing the data. You also have the right to reclaim from us the data you have given us (right to data portability). On request, we also pass the data on to a third party of your choice. You have the right to receive the data in a common file format.

•You can reach us for the aforementioned purposes via the e-mail address info@piavita.com. We may, at our sole discretion, require proof of identity to process your requests.

10. Data Storage

•We only store personal information for as long as it is necessary

•to use the above tracking advertising and analysis services within the scope of our legitimate interest

•to carry out services that you requested or to which you have given your consent to the extent specified above.

•to comply with legal obligations

•Contract data is kept longer by us, as this is required by statutory storage requirements. Retention requirements that oblige us to keep data arise from accounting and tax regulations. According to these regulations, business communications, closed contracts and accounting documents must be kept for up to 10 years. As far as we no longer need this data to carry out the services for you, the data will be blocked. This means that the data may then only be used for accounting and for tax purposes.

11. Right to complain to a data protection supervisory authority

You have the right to file a complaint to a data protection supervisory authority at any time.

12. Copyright and trademark rights

The entire content of the piavita.com website is copyright protected. All rights are owned by Piavita AG. The elements contained on the Piavita.com website are freely accessible for browsing purposes only. Duplication of this material, or parts thereof, in any written or electronic form is permitted only with a specific mention of Piavita.com. Reproduction, transfer, amendment, linking or use of the Piavita.com website for public or commercial purposes is prohibited without the prior written consent of Piavita AG.

The various names and logos appearing on the Piavita.com site are generally registered and protected trademarks. No part of the Piavita.com is designed in such a way as to grant a licence or right to utilise a picture, registered mark or logo. Downloading or copying the Piavita.com website or parts thereof, confers no rights whatsoever in respect of the software or elements of the Piavita.com website. Piavita AG reserves all rights in respect of all elements of the Piavita.com website with the exception of rights belonging to third parties.

 

General

This page was last amended on November 1, 2018. If you have any questions or remarks about our legal indications or data protection, please contact us at info@piavita.com.

 

ACCESS THE INDIVIDUAL PRIVACY POLICY PAGE HERE

COOKIE NOTICE

COOKIE NOTICE

Our website uses cookies so that we can distinguish you from other users of our website. Using cookies allows Piavita to provide you with a better experience when you browse our website and also allows us to improve our website.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.

Performance Cookies

These Cookies collect information to allow us to improve the website.

Cookie Name First-Party or Third Party Cookie Description / Function Expiration Time
_ga .piavita.com Used to distinguish users. 2 years
_gid .piavita.com Used to distinguish users. 24 hours
_ok www.piavita.com Olark Service Cookie. Various cookies are used to keep you logged in to chat, track what page you are viewing and to manage page loading resources. No personal information is stored in these cookies. Session
_okbk www.piavita.com Olark Service Cookie. Various cookies are used to keep you logged in to chat, track what page you are viewing and to manage page loading resources. No personal information is stored in these cookies. Session
hblid www.piavita.com Olark Service Cookie. Various cookies are used to keep you logged in to chat, track what page you are viewing and to manage page loading resources. No personal information is stored in these cookies. 2 years
olfsk www.piavita.com Olark Service Cookie. Various cookies are used to keep you logged in to chat, track what page you are viewing and to manage page loading resources. No personal information is stored in these cookies. 2 years
wcsid www.piavita.com Olark Service Cookie. Various cookies are used to keep you logged in to chat, track what page you are viewing and to manage page loading resources. No personal information is stored in these cookies. Session
_okdetect www.piavita.com Olark Service Cookie. Various cookies are used to keep you logged in to chat, track what page you are viewing and to manage page loading resources. No personal information is stored in these cookies. Session
_oklv www.piavita.com Olark Service Cookie. Various cookies are used to keep you logged in to chat, track what page you are viewing and to manage page loading resources. No personal information is stored in these cookies. Session
_icl_current_language www.piavita.com It stores a language value for the website 2 years
internalTraffic .piavita.com Sets internalTraffic cookie for all subdomains 3 years
cookieconsent_status www.piavita.com Saves the current status of users cookie consent status. 1 year
viewed_cookie_policy www.piavita.com Saves, wheter the cookie policy was seen by user or not. 1 year

How can I control my Cookie settings?

You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our site if cookies are disabled.

There are a number of ways to manage cookies. Most internet browsers are initially set up to automatically accept Cookies. You can change the settings to block Cookies or to alert you when Cookies are being sent to your device. There are a number of ways to manage cookies. Follow the below guidelines to manage your Cookies using your web browser. If you do so, please be aware that you may not be able to use features that require registration or the collection of information.

Internet Explorer

Click on the “Tools” icon then select “Internet Options”. Choose the ‘Privacy’ tab and move the slider to choose your settings. For more detailed privacy settings click on ‘Advanced’.

Safari

Choose ‘Preferences’ from the Safari menu then select ‘Security’. You’ll see your Cookie settings and can choose your settings.

Mozilla Firefox

Click on ‘Menu’, ‘Options’, ‘Privacy’ and then ‘Cookies’. You can then choose your settings.

Google Chrome

Click on the ‘Tools’ menu then select ‘Options’. Choose the ‘Under the Bonnet’ tab and then the ‘Privacy’ section. Select ‘Content settings’ then the ‘Cookie settings’ tab and choose your settings.

Opting out of Flash Cookies

Flash Cookies are different from the other Cookies used on this website because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash Cookies. For information on controlling the use of Flash Cookies on your computer visit the Macromedia website.

TERMS OF USE OF THIS SITE

1. SCOPE OF APPLICATION AND ACCEPTANCE OF THE TERMS OF USE

Piavita AG,  with registered address at Technoparkstrasse 1, 8005 Zurich, Switzerland, with Commercial Register Number: CHE-293.720.241, (hereinafter “Piavita”) develops and sells veterinary measuring instruments for use on animals, in particular on horses. The target groups are professionals and private individuals with the necessary specialist knowledge. The Piavet System is to be used exclusively for the intended purposes and animals. The Customer’s General Terms and Conditions of Business are not recognised.

These Terms of Use shall apply to the use of the website www.piavita.com. When you access and use our website you acknowledge that you have read and accepted our Terms of Use, as modified from time to time. Piavita reserves the right to change these Terms of Use, as well as the Privacy Policy and General Terms and Conditions of Sale at any time. If these documents are modified, we will publish the new versions on our website. The latest version of the Terms of Use, Privacy Policy and General Terms and Conditions of Sale can be requested anytime from Piavita.

2. COPYRIGHT AND TRADEMARK RIGHTS

The entire content of the piavita.com website is copyright protected. All rights are owned by Piavita. The elements contained on the Piavita.com website are freely accessible for browsing purposes only. Duplication of this material, or parts thereof, in any written or electronic form is permitted only with a specific mention of Piavita.com. Reproduction, transfer, amendment, linking or use of the Piavita.com website for public or commercial purposes is prohibited without the prior written consent of Piavita.

The various names and logos appearing on the Piavita.com site are generally registered and protected trademarks. No part of the Piavita.com is designed in such a way as to grant a licence or right to utilise a picture, registered mark or logo. Downloading or copying the Piavita.com website or parts thereof, confers no rights whatsoever in respect of the software or elements of the Piavita.com website. Piavita reserves all rights in respect of all elements of the Piavita.com website with the exception of rights belonging to third parties.

3. LIMITATION AND EXCLUSION OF LIABILITY

You access, use, browse and navigate on our website at your own risk and peril.

YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER Piavita, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY Piavita), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITE OR ITS CONTENT.

ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITE ARE AT YOUR OWN RISK AND PERIL. Piavita assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from our website or for any illegal intrusion or intervention in the IT systems.

Piavita reserves the right to interrupt or discontinue any or all of the functionality of its website. Piavita accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its website resulting from actions or omissions of Piavita or any third party.

4.  NO LIABILITY FOR THIRD-PARTY WEBSITES

Our website may contain hyperlinks to websites created and maintained by third parties. Piavita has no control over the websites of such third parties and therefore cannot have detailed knowledge of the contents of such websites. By including hyperlinks, Piavita merely provides access to the linked websites and assumes no liability for the content thereof.

5.  DATA PRIVACY

The privacy policy applicable to this website can be found under the Privacy Policy

6. FINAL PROVISIONS

These Terms of Use and any resulting disputes shall be governed exclusively by Swiss Law. The place of jurisdiction for all disputes between Piavita and its customers is Zürich.

Should one or more provisions of these Terms of Use be or become wholly or partially invalid or unenforceable, the validity or enforceability of the remaining provisions of these Terms of Use shall not be affected.

7. CONTACT

If you have any questions about these Terms of Use, please write to Piavita AG, Technoparkstrasse 1, 8005 Zurich, Switzerland, Tel.: +41 (0) 44 578 17 68, E-mail: info@piavita.com

CAN’T FIND WHAT YOU’RE LOOKING FOR?

Welcome to the legal corner of Piavita AG, where you’ll find listed all the legal informations of use and sale of our products and our website. Before emailing or writing us, take a look through, as the help you need is likely already here waiting for you.

OUR LEGAL ARCHIVE

GENERAL TERMS AND CONDITIONS OF SALE

1. Scope of application

The  General Terms and Conditions of Sale are applicable to all orders placed by customers with Piavita AG, with registered office at Technoparkstrasse 1, 8005 Zurich, Switzerland (hereinafter “Piavita”), which develops and sells a veterinary measuring system consisting of medical instruments and respective software services for use on animals, in particular on horses (the “Piavet System”). The customers or target groups are professionals and private individuals with the necessary specialist knowledge. The Piavet System is to be used exclusively for the intended purposes and animals. The Customer’s General Terms and Conditions of Business are not recognised.

Please read these General Terms and Conditions of Sale, the Privacy Policy and the Terms of Use of our website before using Piavita’s website and/or placing an order.

Each order placed with Piavita shall be governed by these General Terms and Conditions of Sale.

 

2. Orders

You can order the Piavet System:

  • by visiting our website www.piavita.com;
  • By telephone: +41 (0) 44 578 17 68; +49 (0) 151 2259 7425
  • By email: orders@piavita.com
  • By letter: Piavita AG, Technoparkstrasse 1, 8005 Zurich, Switzerland; or Piavita AG, Ringbahnstrasse 18, 12099 Berlin, Germany;
  • In person, with one of our representatives.

Website orders:

You can order the Piavet System on our website by clicking “Get Piavet”. After choosing the desired Piavet System pack at our website and adding it to the shopping cart, you will access the checkout page where you will need to fill-in the requested information (such as your name, location and contact details). The personal data provided when requesting the Piavet System is protected by our Privacy Policy. On the checkout page you will also be able to review your order and see the total price and information on the payment process. Before placing the order you will need to confirm that you have read the General Terms and Conditions of Sale and Terms of Use. After placing the order, you will receive in separate emails an instant order confirmation as well as an order confirmation and an invoice with the payment details of the ordered products.

Other orders:

When you order the Piavet System in person, by telephone, by email or letter, Piavita will send you an offer letter with the details of the chosen pack, price and respective invoice for payment, as well a copy of the General Terms and Conditions of Sale. The offers from Piavita must be made in writing and are binding for twenty (20) days from the date of issue.

Unless otherwise stated, a purchase contract comes into effect at the latest upon acceptance of the delivery. When accepting goods in the context of a test use, the provisions under the section 5 “TEST USE WITH RETURN POLICY” apply.

3. Shipment and Delivery

The orders confirmed by Piavita  will be shipped upon receipt of full payment, and will be delivered to the delivery address indicated by you when placing an order. The delivery of the Piavet System shall be made by post or in person by a Piavita employee, and you will receive via email a link with instructions to access the software components (the “Piavita Platform”).

Piavita may contact you by SMS, telephone or email with information regarding the order and delivery.

Changes in shape, colour, and material are reserved. We reserve the right to deviate from product images. The customer is responsible for required installations on site (e.g. internet connection), whereby these are to be organised by the customer.

 

4. Import duty and customs

If you order the Piavet System from our website for delivery outside of Switzerland and the EU, it may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for the payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount.

Please note that you must comply with all applicable laws and regulations of the country for which the products are destined. Piavita will not be liable for any breach by you of any such laws.

 

5. Revocation

Piavita grants a fourteen (14)-day right of withdrawal without stating reasons. The cancellation period is fourteen (14) days after the customer has taken possession of the Piavet System. In order to exercise the right of withdrawal, the customer must inform Piavita AG (Technoparkstrasse 1, 8005 Zurich, Switzerland) by means of a written declaration. For the timely declaration of withdrawal, the date of shipment is decisive. In the case of a cancellation, the customer agrees to return the goods completely, in original packaging, and unused to Piavita AG. The return takes place immediately after revocation and shall be at the expense of the customer.

When the return is properly completed, Piavita shall reimburse the price of the returned goods (excluding the invoiced delivery charges which are not reimbursable) within a maximum of thirty (30) days upon receipt of the returned goods. The reimbursement will be made using the same means of payment as the customer used for the initial transaction, unless you have expressly agreed otherwise.

 

6. Ownership

The ownership of the delivered Piavet System will only be transferred to the customer after full payment of the purchase.

 

7. Price

Our prices are based on the individual offers in the respective country of destination plus applicable VAT and sales taxes.

When you place an order on our website, the total prices payable for the products you chose are the prices displayed on our website on the date you place the order, and they include any applicable taxes.

If any delivery charges are applicable, they will be indicated on the website on the date you place the order. We will provide detailed information about applicable delivery charges during the checkout process (for orders on the website) or on the invoice (for other orders).

We reserve the right to modify the prices of our products at any time. Modifications of the prices will not apply to orders already confirmed by us.

 

8. Payment

Payment takes place via the methods of payment suggested in the order process. Invoices are payable within twenty (20) days without deduction. If payment of all owed amounts is not made on time, including the payment of all the costs detailed in the order confirmation or offer letter, Piavita reserves the right to withdraw from the contract or offer and to charge the customer the costs of CHF / EUR 50.- per reminder. In case of late payment of usage fees, Piavita reserves the right, after prior notification, to pause the use of the Piavet System via the Piavita Platform until all outstanding fees have been paid in full.

 

9. Duration of the services and usage fee

The services included in the purchased Piavet System have the duration of one (1) year. The period of use of one (1) year begins with the receipt of the complete Piavet System or the expiry of any test use granted, according to the contract or offer letter. Use will be charged at the beginning of each billing period. The term is automatically extended by the previous period of use.

 

10. Termination of the services

Use of the Piavet System must be terminated in writing three (3) months in advance of the end of the use period. Terminations must be addressed to Piavita AG (Technoparkstrasse 1, 8005 Zurich, Switzerland) by written declaration.

 

11. Scope of service and warranty

The applicable statutory warranty rights are available to you, in particular the rights contained in Art. 197 ff. of the Swiss Code of Obligations (“OR”). This holds particularly regarding the rights a buyer might claim if there is a defect at the time of transfer of ownership in accordance with Art. 197 ff OR and for rights of the buyer potentially arising from the Swiss Product Liability Act. An additional guarantee only exists for delivered goods if this has been explicitly stated in the respective product’s order confirmation. An extended guarantee is in addition to, and does not affect, your legal rights in relation to products that are faulty or not as described. Piavita commits itself to the customer for the careful provision of the defined services. The defined scope of services and the corresponding conditions of use of the Piavet System are regulated in the respective user manual. Piavita assumes no liability for a) a continuous, uninterrupted, and trouble-free functioning of all the services; b) comprehensive network coverage with mobile systems; c) content or services provided by third parties or retrievable from third parties; d) avoiding data loss due to network malfunction or equipment repair; Piavita reserves the right to perform maintenance on the Piavita Platform, which may be associated with interruptions or slowdowns.

 

12. General exclusions of liability

a) Piavita assumes no liability for misuse of the Piavet System and related accessories. In particular, it should be noted that all measures for animal-friendly use must be observed. b) Damaged Piavita products (or parts thereof) may not be used. c) Piavita assumes no liability for injuries to animals or humans caused by Piavita products (or parts thereof), in particular due to improper use or lack of care. d) Piavita accepts no liability for damage caused by any of the following causes: negligent, improper, illegal or unlawful storage or use of the products, storage or use contrary to the contract, negligent damage of the system components, use of incompatible accessories, neglected maintenance and / or improper modification or repair of the products by the customer or a third party, acts of nature beyond control, especially elemental such as moisture, fall and impact damage etc., which are not to be represented by Piavita and/or official orders. e) Piavita rejects liability for indirect or consequential damages and/or loss of profits. f) Piavita assumes no liability for a faulty or incomplete measurement. Measurements may be falsified or interrupted due to loose attachment of the harness, physiological condition of the animal, detachment of the device from the animal’s body, or other conditions. g) Piavita assumes no liability for missing or faulty alarms. Alarms are based on the vital data limits entered by the user, which can be influenced and thus triggered by different factors. Horses and animals in general can show different signs of disease, a complete and correct measurement can never be guaranteed. h) Care must be taken to ensure that all Piavita products are kept out of the reach of children and animals. i) Sufficient care and supervision by the buyer and other users of Piavita products must be provided. j) Piavita does not replace a veterinarian nor a comprehensive veterinary examination. Diagnosis can only be made exclusively by a qualified veterinarian. k) Piavita assumes no liability in case of errors or omissions in the photographs or texts displayed on the website. The photographs and texts illustrating and describing the products on the website are non-contractual and for information purposes only.

13. Data privacy

In order to provide services to our customers, Piavita may collect, store and process personal data in compliance with applicable data protection standards. Personal data is provided by the customer or automatically generated by the usage behavior of the services. The collected data may be processed for the following purposes: a) to check the conditions for concluding a contract; b) to fulfil contractual obligations towards the customer; c) for the care, development and maintenance of the customer relationship, as well as to advertise, design and develop Piavita products; d) to customise services or to provide personalised content; f) preventing the use of services hat is unlawful or contrary to the contract; g) for invoicing and collection purposes; If the customer makes use of the services of third parties, Piavita may pass on to the third party those customer data that it needs to fulfil the contractual obligations towards the customer. The customer may withdraw its consent to the use of its data for marketing purposes at any time.

 

14. Use of Piavet System measuring data

a) The Piavet System data is transmitted multiple times encrypted. Comprehensive internal measures to protect the collected data are taken. b) The measured and processed vital data may be used anonymously to improve internal processes and algorithms. c) Cumulated abstracted or anonymised data and data sets (big data) may be used for development, study and business purposes and passed on to third parties.

 

15. Governing Law and Disputes

These General Terms and Conditions of Sale and in connection with the contracts concluded with Piavita – also in cross-border traffic – and any resulting disputes shall be governed by and construed in accordance with  Swiss Law. Jurisdiction for all disputes between Piavita and its customers will take place in Piavita’s headquarters in Zurich. Swiss law shall not however apply in a situation where a customer has better rights according to mandatory applicable consumer protection law in the country where the customer resides.

Should one or more provisions of these General Terms and Conditions of Sale be or become wholly or partially invalid or unenforceable, the validity or enforceability of the remaining provisions of these terms and conditions shall not be affected. In this case, the parties will replace the ineffective or unenforceable provision with a valid and enforceable provision which most closely approximates the economic purpose of the provision to be replaced. The same applies in the event that General Terms and Conditions of Sale should contain a regulatory gap.

Notwithstanding the foregoing, Piavita may take any legal action necessary at any competent court in the customer’s country of residence for collection of delayed payments. The parties do hereby accept that the jurisdiction of such court shall apply for such purpose.

16. Final provisions

Piavita reserves the right to change these General Terms and Conditions of Sale at any time. The latest version of the General Terms and Conditions of Sale can be requested anytime from Piavita. The General Terms and Conditions of Sale apply at the time of the respective contract closing date. In case of non-payment, the use of the customer of the Piavita Platform by Piavita may be paused with prior notification.

ACCESS THE INDIVIDUAL PAGE FOR TERMS & CONDITIONS OF SALE HERE

PRE-ORDERS TERMS AND CONDITIONS

1. Scope of Application

The Pre Order Terms and Conditions apply to all pre-orders placed by customers with Piavita AG, with registered office at Technoparkstrasse 1, 8005 Zurich, Switzerland (hereinafter “Piavita”), which develops and sells a veterinary measuring system consisting of medical instruments and respective software services for use on animals, in particular on horses (the “Piavet System”). The customers or target groups are professionals and private individuals with the necessary specialist knowledge. The Piavet System is to be used exclusively for the intended purposes and animals. The Customer’s General Terms and Conditions of Business are not recognised.

Please read these Pre-Order Terms and Conditions, the General Terms and Conditions of Sale, the Privacy Policy and the Terms of Use of our website before placing a pre-order. Each pre-order placed with Piavita shall be governed by these terms.

2. Pre-orders

Pre-orders of the Piavet System are available only to customers located in the United States, from November 2018 until an undecided future date. Pre-ordering the Piavet System means that you will be charged the full price and shipping fees at the time you make the pre-order, but that the Piavet System will only be delivered at a later date. By pre-ordering the Piavet System you represent and warrant that you have read these terms.

3. Placing a pre-order

You can pre-order the Piavet System:

  • by visiting our website www.piavita.com;
  • By telephone: +41 (0) 44 578 17 68; +49 (0) 151 2259 7425
  • By email: orders@piavita.com
  • By letter: Piavita AG, Technoparkstrasse 1, 8005 Zurich, Switzerland; or Piavita AG, Ringbahnstrasse 18, 12099 Berlin, Germany;
  • In person, with one of our representatives.

Website pre-orders:

You can pre-order the Piavet System on our website by clicking “Pre Order  Piavet”. After choosing the desired Piavet System pack at our website and adding it to the shopping cart, you will access the checkout page where you will need to fill-in the requested information (such as your name, location and contact details). The personal data provided when requesting the Piavet System is protected by our Privacy Policy. On the checkout page you will also be able to review your pre-order and see the total price and information on the payment process. Before placing the order you will need to confirm that you have read the Pre-Order Terms and Conditions as well as the General Terms and Conditions of Sale. After placing the pre-order, you will receive in separate emails an instant pre-order confirmation as well as a pre-order confirmation and an invoice with the payment details of the pre-ordered products.

Other orders:

When you pre-order the Piavet System in person, by telephone, by email or letter, Piavita will send you an offer letter with the details of the chosen pack, price and respective invoice for payment, as well a copy of the Pre-Order Terms and Conditions and of the General Terms and Conditions of Sale. The offers from Piavita must be made in writing and are binding for twenty (20) days from the date of issue.

4. Payment

The total price of the selected Piavet System pack includes applicable VAT and sales taxes, as well as shipping fees, and it will be paid in USD using the available payment methods. You are responsible for any and all additional customs, taxes and/or fees that may arise from our delivery of your order.

5. Shipping

Shipments are expected to occur during 2019. The estimated date for shipment of the first pre-orders is March 2019. This date represents Piavita’s best estimate at the time of writing but it is preliminary and subject to change, depending on availability of the products and the location of the customer.

Cancelation

You or Piavita may cancel a pre-order at any time for any or no reason prior to our notice to you that your Piavet System is ready for delivery. If you do so prior to our notice of delivery, you will obtain a refund of the purchase price (excluding shipping fees) without interest. If Piavita cancels your pre-order you will receive a full refund of the purchase price without interest (and you will not pay any processing fee).

Limitation of liability

IN NO EVENT SHALL PIAVITA BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS OR THE USE OF OR INABILITY TO USE OR DELIVER ANY PRODUCT, EVEN IF PIAVITA KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. PIAVITA’S AGGREGATE CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS AND THE USE OF, OR INABILITY TO USE, OR DELIVER, ANY PRODUCT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED THE PRICE PAID BY CUSTOMER FOR SUCH PRODUCT.

Warranty

PIAVITA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SHIPMENT DATE OF THE PRODUCT(S).

General Terms and Conditions of Sale

The purchase by pre-order of the Piavet System is subject to additional terms and conditions. The applicable General Terms and Conditions of Sale can be found in the footer of the checkout page and are subject to change without notice. Your purchase of the Piavet System will be subject to these Pre-Order Terms and Conditions as well as to the General Terms and Conditions of Sale.

ACCESS THE INDIVIDUAL PAGE FOR PRE-ORDERS TERMS & CONDITIONS HERE

PRIVACY POLICY

Please read this document carefully before continuing. Persons who take actions like interactions / visits / sign ups / purchases at the piavita.com website of Piavita AG acknowledge and agree that information will be collected and processed according to the privacy statement described below.

OVERVIEW

Your trust is important to us, which is why we take the issue of data protection seriously and ensure the appropriate level of security. We always take every necessary measure to treat your personal data in compliance with the applicable data protection laws.

By reading this privacy policy you will get a clear picture of how and why your personal data is collected and processed whenever you access Piavita’s website and online shop.

As we keep developing and improving our website, and in order to comply with any future regulations concerning data protection, it may be necessary to update, amend or adjust the Terms of Use of our website and the General Terms and Conditions of Sale or this Privacy Policy. Therefore we suggest that you check our Privacy Policy every time you visit our website. Nevertheless, if substantial changes are made to this document you will be informed by the display of a notice on our website.

Data Controller

Piavita AG (Technoparkstrasse 1, 8005 Zurich, Switzerland), with Commercial Register Number: CHE-293.720.241, operates the website piavita.com and is therefore the data controller, i.e. the body responsible for the collection, processing and use of your personal data and compliance of the said data processing with the applicable laws.

The provisions of this Privacy Policy shall supersede any terms and previous policies which may be in conflict with the content of this Privacy Policy.

You can print or save this document by using the normal options of your internet browser.

DATA PROTECTION

Please take note of the information below so that you know which data we collect from you and for what purposes it is used.

1. Legal basis for the processing of personal data

Whenever we obtain the consent of the data subject for processing of personal data, Art. 6 (1) (a) of the General Data Protection Regulation (GDPR) applies as the legal basis for the processing of personal data.

In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) (b) GDPR is the legal basis. This also applies to processing operations required to carry out pre-contractual actions.

In the event that processing of personal data is required to fulfil a legal obligation to which our company is subject, Art. 6 (1) (c) GDPR is the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 (1) (d) GDPR is the legal basis.

If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interests, fundamental rights and freedoms of the data subject do not prevail over the former interests, Art. 6 (1) (f) GDPR is the legal basis for processing.

2. Scope and purpose of the collection, processing and use of personal data

By visiting our website you consent to the collection and use of your personal data as described herein. If you do not agree with the terms set out herein, please do not visit our website. If required by applicable law, we will ask for your explicit consent to process personal data collected on this website or volunteered by you. Kindly note that any consent will be entirely voluntary. However, if you do not grant the requested consent to the processing of your personal data, the use of this website may not be possible.

For the purposes of this Privacy Policy, “personal data” means any information related to a person which can be used to identify that person. If the identity has been removed, the data will be anonymous and will not qualify as personal data.

Processing of personal data means any form of handling your personal data, for instance using, storing, disclosing or deleting the said data.

2.1. when you visit www.piavita.com

Cookies

Cookies help in many ways to make your visit to our website more secure, user-friendly, simple and pleasant. Cookies do not damage your computer, they do not contain viruses and they do not transfer your personal data to us. Cookies are information files that are stored on your computer and saved by your browser when you visit our website. We use cookies, for example, in order to personalise the information, offers and advertisements that you see and to better align ourselves to your individual interests. Their use does not mean that we receive new personal data about you as an online visitor. Most internet browsers accept cookies automatically. It is possible, however, to configure your browser so that no cookies are stored on your computer or so that a message will always appear when you receive a new cookie.

Disabling cookies may prevent you from being able to use all of the features on our website.

For more information please read our cookie notice, which can be found here: https://www.piavita.com/cookie-notice/

Server Log Files

When you visit our website, your browser will automatically collect and store information which is automatically transmitted to us in server log files (our servers make a temporary record of each access and store it in a log file). The following data is collected and stored, without any action on your part, until it is automatically deleted by us after seven (7) days at the latest:

•anonymised IP / IP address

•the time and date of access

•the name and URL of the file called up

•the website from which access is made

•the operating system of your computer and the browser used

•the country from which access is made and the language settings of your browser

•the name of your Internet access provider

The said data is collected and processed for the purpose of allowing you to use our website (establishing a connection), ensuring system security and stability in the long term and allowing our Internet offering to be optimised, as well as for internal statistical purposes. This is our legitimate interest in the processing of data within the meaning of Art. 6 para. 1 lit. f GDPR. The IP address is also analysed in the event of attacks on the network infrastructure of www.piavita.com as well as for statistical purposes.

2.2. when you use our contact forms

You have the option of using a contact form to get in touch with us or to book a free trial of our system.

Doing so requires that you enter the following personal data:

•Title

•First name and surname

•E-mail address

We only use this data in order to answer your queries in an optimum manner and in a way that is tailored to you. The processing of your contact request constitutes our legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. You can object to this data processing at any time (for more details, see further below, Section 9).

2.3. when you use our online shop

In order to make purchases at our online shop, you will have to provide personal information such as name, contact details and address, and agree to a contract (the General Terms and Conditions of Sale).

If you choose to purchase our products at our online shop we may collect the following personal data from you:

•First name and last name;

•Billing address;

•Telephone number(s);

•E-mail address(es).

You agree to provide personal data which is in all respects true, accurate and up to date and is not, in any

respect, misleading, deceptive or inaccurate or likely to mislead or deceive.

We may collect information about your computer, including your IP address, operating system and browser

type, for system administration and to collect information about how our customers use our website. This is

statistical data about our users’ browsing actions and patterns, and does not identify any individual.

2.4 when you register for our newsletter mailing via MailChimp

For the mailing of our newsletter we use the technical service “MailChimp” of the company The Rocket Science Group, LLC d/b/a MailChimp, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA (http://www.mailchimp.com/). Piavita forwards to Mailchimp the data you provide to us when signing up for the newsletter. Please note that your data will generally be transmitted to a MailChimp server in the USA and stored there.

MailChimp uses that information for mailing and statistical analysis of newsletter by order of Piavita. For analysis, the e-mails sent contain so-called “web-beacons” or “tracking pixels” (single-pixel image files), which are stored on our website. They let us know, for example, whether you opened a newsletter message and which links you clicked on. Technical information is recorded, too (e.g., time of opening, IP address, browser type and operating system). Such data are collected exclusively in pseudonymized format and not linked with your other personal data, so that it is impossible to determine your identity on that basis. Such data are used exclusively for statistical analysis of newsletter campaigns. The findings from those analyses can be used to better adapt future newsletters to the interests of the recipients.

Moreover, MailChimp itself may use such data for its own legitimate interests in need-based design and optimization of the service for market research purposes, in order to determine the home countries of the recipients, for example. MailChimp does not use the data of our newsletter recipients, however, to write to them directly or to forward the data to third parties.

The legal basis for the processing of the data with the consent of the user after the user has registered for the newsletter is Art. 6 (1) (a) GDPR.If you object to the data analysis for statistical purposes, you have to unsubscribe from the newsletter.

To protect your data in the USA, Piavita and MailChimp have entered into a data-processing agreement based on the standard contract clauses of the European Commission in order to enable the transmission of your personal data to MailChimp. Interested parties can view that data-processing agreement at the following address: http://mailchimp.com/legal/forms/data-processing-agreement/.

Moreover, MailChimp is certified under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, which require MailChimp to comply with the applicable data protection provisions. MailChimp’s privacy policy is posted at: https://mailchimp.com/legal/privacy/

2.5. When you use our live chat to contact Piavita

We use the chat service of Olark by Habla, Inc. 245 Ramona St. Palo Alto, CA 94301, which allows Piavita’s customers to chat directly with employees of Piavita and get questions answered. During the chat connection, we display the location, IP address, browser and website visited. We do not have access to this data after the connection has been terminated. For details on Olark’s handling of your personal data and your rights in this regard, please refer to Olark’s privacy policy here: https://www.olark.com/pages/tos.

Olark places cookies on your computer. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the live chat functionality of your web interface.

2.6. When you visit the “News” section on our website

Piavita uses the services of the blogging provider and network A Medium Corporation, 760 Market Street Floor 9, San Francisco, CA 94102, USA. When you visit our website and click on the “news” button on the “Company” menu at the bottom of our website, you will be directed to Medium.

Medium will process your personal data. Piavita has no influence on which data is processed by Medium and how Medium processes the data.

For further information on the purpose and scope of the data processing and the further processing and usage of your date by Medium and your rights and settings, see Medium’s privacy policy under https://medium.com/policy/medium-privacy-policy-f03bf92035c9.

2.7. YouTube Videos

Piavita uses the YouTube embed function for display and playback of the videos from “YouTube”, which is owned by Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”).

The extended data protection mode is used which, according to YouTube, does not begin storage of user information until playback of the video(s). Once the playback of an embedded YouTube video has been launched, YouTube uses cookies to collect information about the user’s behaviour. According to “YouTube”, such information is used to record video statistics, improve user-friendliness and prevent abusive practices If you are logged into Google, your data will be assigned directly to your account if you click on a video. If you do not want your data to be assigned to your YouTube profile, you need to log out before clicking the button. Google stores and analyses your data in the form of user profiles (even in the case of users who are not logged in). Such analysis is performed, in particular, based on Google’s legitimate interests in displaying personalized advertising, market research and/or need-based design of its website. You are entitled to object to the formation of this user profile, in which case you must exercise that right on YouTube.

Regardless of playback of the embedded videos, every time you open the website a connection is established with the Google network “DoubleClick”, which may trigger further data processing that is beyond our control.

Google LLC, which is based in the USA, is certified under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, which ensures compliance with the data protection standards applicable in Switzerland and in the EU. For further information about YouTube’s data protection, see the provider’s privacy policy at: https://www.google.de/intl/de/policies/privacy

2.8. Typeform

Piavita uses the service provider TYPEFORM SL, based in Carrer Bac de Roda 163, 08018 Barcelona,

Spain, for the collection of user-replies and surveys on our marketing and product websites. Typeform is

subject to the data protection provisions of the European Union. When participating in a survey, the IP

address of the user, information on the time and duration of the survey as well as the information provided

in the survey form by the user are transferred to Typeform. The privacy policy of Typeform can be viewed

here: https://admin.typeform.com/to/dwk6gt.

2.9. Google reCAPTCHA

Piavita uses “Google reCAPTCHA” on its website. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). Google reCAPTCHA is used to check whether the data entered on our website (such as on a contact form) has been entered by a human or by an automated program. To do this, Google reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis starts automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g. IP address, how long the visitor has been on the website, or mouse movements made by the user). The data collected during the analysis will be forwarded to Google. The reCAPTCHA analyses take place completely in the background. Website visitors are not advised that such an analysis is taking place. Data processing is based on Art. 6 (1) (f) GDPR. The website operator has a legitimate interest in protecting its site from abusive automated crawling and spam. For more information about Google reCAPTCHA and Google’s privacy policy, please visit the following links: https://www.google.com/intl/de/policies/privacy/ and https://www.google.com/recaptcha/intro/android.html.

3. Use of your data for advertising purposes

Creation of pseudonymised usage profiles:

In order to provide you with personalised services and information on our website (on-site targeting), we use and analyse the data that we collect about you when you visit the website. For the corresponding data processing, what are known as cookies may be used where necessary (see section 2.1). The analysis of your user behaviour may be used to create what is known as a usage profile. The usage data is combined only with pseudonymous data, and never with data that has not been pseudonymised.

To allow personalised marketing in social networks, we incorporate so-called remarketing pixels from Facebook and Twitter into the website. If you have an account with one of the aforementioned social networks and are logged in at the time of your visit to our website, this pixel links the visit to our website with your account. Log out of your account prior to visiting our website if you would like to prevent this link from being made. Further advertising settings can be made from in your user profile in the relevant social networks.

The creation of pseudonymised user profiles for advertising and analysis purposes is based on a legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR. This applies to all data processing operations listed in this Section 3. The legitimate interest lies in direct marketing and analysis of the use of our website.

4. Transfer of data to third parties

We pass your personal data on only if you have expressly consented to this, if there is a legal obligation to do so or if this is required in order to enforce our rights, in particular in order to enforce claims resulting from the relationship between you and Piavita.

We also pass your data on to third parties where this is required in conjunction with use of the website in order to provide you with the services requested or to analyse your user behaviour. If this is required for the purposes specified in the preceding sentence, your data may also be passed on to third parties abroad. If the website contains links to websites of third parties, Piavita will no longer have any influence on the collection, processing, storage or use of personal data by third parties once you click on such links and assumes no responsibility in this regard.

5. Cross Border Transfers

5.1. Piavita is entitled to also pass your personal data on to third-party companies (commissioned service providers) abroad, where this is required for the data processing described in this privacy policy. The said third-party companies are obliged to protect your data to the same extent as we are. If the level of data protection in a country does not correspond to the level of data protection in Switzerland or the European Union, we ensure by contractual means that the protection of your personal data corresponds to that in Switzerland or the Economic European Area at all times.

5.2. Data transfer to the USA:

•For the sake of completeness, we would like to point out to users residing or based in Switzerland that in the USA there are monitoring measures taken by the USA authorities that generally allow the storage of all personal data relating to all persons whose data has been transferred from Switzerland to the USA. This happens without differentiation, limitation or exception on the basis of the aim pursued and without an objective criteria that makes it possible to limit access to the data by USA authorities and its later use to very specific, strictly limited purposes that may justify the intervention associated with both access to this data and use thereof. We would also like to point out that there are no judicial remedies in place in the USA for affected persons from Switzerland that would make it possible to receive access to the data relating to them and to have this corrected or deleted, as well as no effective legal protection against general access rights by USA authorities. We refer the persons affected explicitly to this legal and factual situation so that they can make an appropriately informed decision on whether or not to consent to their data being used.

•For users residing in EU Member States, please note that, from the point of view of the European Union, the USA does not have sufficient data protection levels due, inter alia, to the issues mentioned in this section. To the extent that we have explained in this privacy policy that recipients of data (such as Google, Facebook and Twitter) are located in the USA, we will either based on a contract or by securing certification of these companies under the EU-USA Privacy Shield ensure that your data is protected at an appropriate level by our partners.

6. Data security

We take appropriate technical and organisational security measures to protect any of your personal data that we have stored from manipulation, partial or complete loss and unauthorised access by third parties. Our security measures are constantly being improved in line with technological developments.

You should always treat your payment information as confidential and close the browser window once you have ended your communication with us, particularly if you are on a shared computer.

We also take data privacy within our organisation very seriously. Our employees and the service providers commissioned by us are obliged to maintain confidentiality and comply with our data protection provisions.

7. Tracking tools

On our website we use various tracking tools. We use data for analytics and measurement to understand how our services are used. For example, we analyse data about your visits to our sites to do things like optimise product design. And we also use data about the ads with which you interact to help advertisers understand the performance of their ad campaigns. We use a variety of tools to do this, including Google Analytics. These tracking tools are used to monitor your surfing behaviour on our website. This is for the purposes of needs-based design and continuous optimisation of our website. In connection with this, pseudonymised usage profiles are created and small text files that are saved on your computer (“cookies”) are used.

For further information about the tracking tools used and the data processing that takes place, please read Google’s privacy policy: https://www.google.com/intl/de/policies/privacy/

 8. Analysis of newsletter use

•To send our newsletter, we use e-mail marketing services of third parties (Mailchimp), as mentioned above in section 2.4. Our newsletter may therefore contain a web beacon (tracking pixel) or similar technical tools. A web beacon is an invisible graphic image, 1×1 pixel in size, that is associated with the user ID for the relevant newsletter subscriber.

•The use of these services allows us to analyse whether or not the e-mails containing our newsletter have been opened. In addition, the click behaviour of recipients of our newsletter can also be collected and analysed. We use this data for statistical purposes and in order to optimise the newsletter with regard to content and structure. This allows us to better align the information and offers in our newsletter to the individual interests of the recipient in question. The tracking pixel is deleted if you delete the newsletter.

•If you wish to prevent tracking pixels from being included in our newsletter, please set your e-mail software such that HTML is not displayed in messages.

9. Right to information, correction, erasure and restriction of processing; Right to data portability

•You have the right to receive information about the personal data that we store about you free of charge upon request. In addition, you have the right to correct inaccurate data and the right to delete your personal data, as far as there is no statutory storage obligation or another legal basis for the processing in the sense of art. 6 GDPR that allows us to continue processing the data. You also have the right to reclaim from us the data you have given us (right to data portability). On request, we also pass the data on to a third party of your choice. You have the right to receive the data in a common file format.

•You can reach us for the aforementioned purposes via the e-mail address info@piavita.com. We may, at our sole discretion, require proof of identity to process your requests.

10. Data Storage

•We only store personal information for as long as it is necessary

•to use the above tracking advertising and analysis services within the scope of our legitimate interest

•to carry out services that you requested or to which you have given your consent to the extent specified above.

•to comply with legal obligations

•Contract data is kept longer by us, as this is required by statutory storage requirements. Retention requirements that oblige us to keep data arise from accounting and tax regulations. According to these regulations, business communications, closed contracts and accounting documents must be kept for up to 10 years. As far as we no longer need this data to carry out the services for you, the data will be blocked. This means that the data may then only be used for accounting and for tax purposes.

11. Right to complain to a data protection supervisory authority

You have the right to file a complaint to a data protection supervisory authority at any time.

12. Copyright and trademark rights

The entire content of the piavita.com website is copyright protected. All rights are owned by Piavita AG. The elements contained on the Piavita.com website are freely accessible for browsing purposes only. Duplication of this material, or parts thereof, in any written or electronic form is permitted only with a specific mention of Piavita.com. Reproduction, transfer, amendment, linking or use of the Piavita.com website for public or commercial purposes is prohibited without the prior written consent of Piavita AG.

The various names and logos appearing on the Piavita.com site are generally registered and protected trademarks. No part of the Piavita.com is designed in such a way as to grant a licence or right to utilise a picture, registered mark or logo. Downloading or copying the Piavita.com website or parts thereof, confers no rights whatsoever in respect of the software or elements of the Piavita.com website. Piavita AG reserves all rights in respect of all elements of the Piavita.com website with the exception of rights belonging to third parties.

 

General

This page was last amended on November 1, 2018. If you have any questions or remarks about our legal indications or data protection, please contact us at info@piavita.com.

ACCESS THE INDIVIDUAL PRIVACY POLICY PAGE HERE

TERMS OF USE OF THIS SITE

1. SCOPE OF APPLICATION AND ACCEPTANCE OF THE TERMS OF USE

Piavita AG,  with registered address at Technoparkstrasse 1, 8005 Zurich, Switzerland, with Commercial Register Number: CHE-293.720.241, (hereinafter “Piavita”) develops and sells veterinary measuring instruments for use on animals, in particular on horses. The target groups are professionals and private individuals with the necessary specialist knowledge. The Piavet System is to be used exclusively for the intended purposes and animals. The Customer’s General Terms and Conditions of Business are not recognised.

These Terms of Use shall apply to the use of the website www.piavita.com. When you access and use our website you acknowledge that you have read and accepted our Terms of Use, as modified from time to time. Piavita reserves the right to change these Terms of Use, as well as the Privacy Policy and General Terms and Conditions of Sale at any time. If these documents are modified, we will publish the new versions on our website. The latest version of the Terms of Use, Privacy Policy and General Terms and Conditions of Sale can be requested anytime from Piavita.

2. COPYRIGHT AND TRADEMARK RIGHTS

The entire content of the piavita.com website is copyright protected. All rights are owned by Piavita. The elements contained on the Piavita.com website are freely accessible for browsing purposes only. Duplication of this material, or parts thereof, in any written or electronic form is permitted only with a specific mention of Piavita.com. Reproduction, transfer, amendment, linking or use of the Piavita.com website for public or commercial purposes is prohibited without the prior written consent of Piavita.

The various names and logos appearing on the Piavita.com site are generally registered and protected trademarks. No part of the Piavita.com is designed in such a way as to grant a licence or right to utilise a picture, registered mark or logo. Downloading or copying the Piavita.com website or parts thereof, confers no rights whatsoever in respect of the software or elements of the Piavita.com website. Piavita reserves all rights in respect of all elements of the Piavita.com website with the exception of rights belonging to third parties.

3. LIMITATION AND EXCLUSION OF LIABILITY

You access, use, browse and navigate on our website at your own risk and peril.

YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER Piavita, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY Piavita), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITE OR ITS CONTENT.

ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITE ARE AT YOUR OWN RISK AND PERIL. Piavita assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from our website or for any illegal intrusion or intervention in the IT systems.

Piavita reserves the right to interrupt or discontinue any or all of the functionality of its website. Piavita accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its website resulting from actions or omissions of Piavita or any third party.

4.  NO LIABILITY FOR THIRD-PARTY WEBSITES

Our website may contain hyperlinks to websites created and maintained by third parties. Piavita has no control over the websites of such third parties and therefore cannot have detailed knowledge of the contents of such websites. By including hyperlinks, Piavita merely provides access to the linked websites and assumes no liability for the content thereof.

5.  DATA PRIVACY

The privacy policy applicable to this website can be found under the Privacy Policy

6. FINAL PROVISIONS

These Terms of Use and any resulting disputes shall be governed exclusively by Swiss Law. The place of jurisdiction for all disputes between Piavita and its customers is Zürich.

Should one or more provisions of these Terms of Use be or become wholly or partially invalid or unenforceable, the validity or enforceability of the remaining provisions of these Terms of Use shall not be affected.

7. CONTACT

If you have any questions about these Terms of Use, please write to Piavita AG, Technoparkstrasse 1, 8005 Zurich, Switzerland, Tel.: +41 (0) 44 578 17 68, E-mail: info@piavita.com

COOKIE NOTICE

COOKIE NOTICE

Our website uses cookies so that we can distinguish you from other users of our website. Using cookies allows Piavita to provide you with a better experience when you browse our website and also allows us to improve our website.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive.

Performance Cookies

These Cookies collect information to allow us to improve the website.

Cookie Name First-Party or Third Party Cookie Description / Function Expiration Time
_ga .piavita.com Used to distinguish users. 2 years
_gid .piavita.com Used to distinguish users. 24 hours
_ok www.piavita.com Olark Service Cookie. Various cookies are used to keep you logged in to chat, track what page you are viewing and to manage page loading resources. No personal information is stored in these cookies. Session
_okbk www.piavita.com Olark Service Cookie. Various cookies are used to keep you logged in to chat, track what page you are viewing and to manage page loading resources. No personal information is stored in these cookies. Session
hblid www.piavita.com Olark Service Cookie. Various cookies are used to keep you logged in to chat, track what page you are viewing and to manage page loading resources. No personal information is stored in these cookies. 2 years
olfsk www.piavita.com Olark Service Cookie. Various cookies are used to keep you logged in to chat, track what page you are viewing and to manage page loading resources. No personal information is stored in these cookies. 2 years
wcsid www.piavita.com Olark Service Cookie. Various cookies are used to keep you logged in to chat, track what page you are viewing and to manage page loading resources. No personal information is stored in these cookies. Session
_okdetect www.piavita.com Olark Service Cookie. Various cookies are used to keep you logged in to chat, track what page you are viewing and to manage page loading resources. No personal information is stored in these cookies. Session
_oklv www.piavita.com Olark Service Cookie. Various cookies are used to keep you logged in to chat, track what page you are viewing and to manage page loading resources. No personal information is stored in these cookies. Session
_icl_current_language www.piavita.com It stores a language value for the website 2 years
internalTraffic .piavita.com Sets internalTraffic cookie for all subdomains 3 years
cookieconsent_status www.piavita.com Saves the current status of users cookie consent status. 1 year
viewed_cookie_policy www.piavita.com Saves, wheter the cookie policy was seen by user or not. 1 year

How can I control my Cookie settings?

You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our site if cookies are disabled.

There are a number of ways to manage cookies. Most internet browsers are initially set up to automatically accept Cookies. You can change the settings to block Cookies or to alert you when Cookies are being sent to your device. There are a number of ways to manage cookies. Follow the below guidelines to manage your Cookies using your web browser. If you do so, please be aware that you may not be able to use features that require registration or the collection of information.

Internet Explorer

Click on the “Tools” icon then select “Internet Options”. Choose the ‘Privacy’ tab and move the slider to choose your settings. For more detailed privacy settings click on ‘Advanced’.

Safari

Choose ‘Preferences’ from the Safari menu then select ‘Security’. You’ll see your Cookie settings and can choose your settings.

Mozilla Firefox

Click on ‘Menu’, ‘Options’, ‘Privacy’ and then ‘Cookies’. You can then choose your settings.

Google Chrome

Click on the ‘Tools’ menu then select ‘Options’. Choose the ‘Under the Bonnet’ tab and then the ‘Privacy’ section. Select ‘Content settings’ then the ‘Cookie settings’ tab and choose your settings.

Opting out of Flash Cookies

Flash Cookies are different from the other Cookies used on this website because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash Cookies. For information on controlling the use of Flash Cookies on your computer visit the Macromedia website.

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