CGU

Danone has launched this website (© Danone 2011) (hereinafter designated as “the Website”) for the private information of its users, and in order to take part in the debate on sustainable development. This website has no commercial purpose.

This charter gives you an overview of Danone’s online undertakings, as well as of the legal information pertaining to the Website that you are currently visiting.

By browsing on the Website, you are assumed, as a user, to be familiar with all applicable laws, and to agree unreservedly to the general conditions of access and use detailed below (hereinafter designated as the “General Conditions”). These conditions supersede any other secondary agreement that you may have entered into with Danone.

1 – Legal information

The Downtoearth.danone.com website that you are currently consulting is owned by Danone.

(Copyright: © Danone – 2011), a limited company with a Board of Directors and equity capital of 161,747,712.50 euros, registered with the Paris Trade and Companies Registry under number 552 032 534. The company’s head offices are at 17 Boulevard Haussmann – 75009 Paris – France.

The company’s unique SIREN identification number (Article D. 123-235 of the French Commercial Code) is: 55203253400646.

Its individual VAT identification number is: FR 27 552 032 534.

Managing Editor: Laurent Sacchi.

Website Manager: Laurence Foucher.

This website was designed by upian  and is hosted by Typhon , 41 rue de l’Echiquier, 75010 Paris, France.

2 – Personal data

We may be required to ask you to provide us with personal data in order to be able to offer you customised services. Assuming that personal data are collected, this website will be the subject of a declaration to the CNIL (the French National Commission for Information Technology and Civil Liberties).

Danone undertakes to respect your private life and to protect the information that you disclose to us. In particular, personal data collected on Danone’s websites are primarily intended to be used by Danone and its subsidiaries.

In accordance with the French Information Technology and Civil Liberties law of January 6th 1978, you have the right to access, rectify, change and remove personal data that you disclose to us. You may exercise this right by writing to Danone – 17 Boulevard Haussmann – 75009 Paris – France.

If you subscribe to email information services (“newsletters”), you may ask to no longer receive these emails, either in the way described below, or by following the instructions featured at the end of each email, when you receive them.

3 – Cookies

The Downtoearth.danone.com website uses cookies. These files, which are stored on your computer, enable us to make it easier for you to access the services that we offer. The Website cookies do not include any data that allows you to be personally identified, and they are designed to be used solely by Danone. We would like to inform you that you may object to these “cookies” being installed by configuring your computer according to the procedures detailed on the CNIL website.

4 – Links to other websites

Danone offers links to third-party websites on its Downtoearth.danone.com website. These links are set up in agreement with the sites involved, at a time when Danone may have seen fit to do so, in view of the sites’ content and services.

Danone shall not be held responsible for these sites’ content and for any use that users may make of that content.

5 – Intellectual Property

Accessing Downtoearth.danone.com gives you the right to use the Website in a private and non-exclusive capacity.

All text, drawings, photographs, and animated sequences, with or without a soundtrack, and all other creative content featured on the Website are the property of Danone or third parties, and are used with their owners’ permission. They are subject to copyright and other intellectual property rights.

The commercial brands, logos, and characters (collectively designated as “Brands”) featured on this Website are owned by Danone or its subsidiaries. No interpretation can be made that gives a licence or any other right to use the Brands featured on this Website.

The reproduction, imitation, use or affixing of these Brands without prior approval from Danone or their respective owners amounts to a counterfeiting offence, which is punishable by four years in prison and a €400,000 fine.

6 – Unavailability of the Website

Danone undertakes to make its best efforts to ensure that users can access the Website at all times. In the event that the Website is unavailable, Danone shall not be held responsible, regardless of the reason.

7 – Limitation of liability

Contributions to the Website will enable internet users to share their reactions to the various content items published (news, etc.). The use of this user-generated Website is subject to current legislation.

Users who use the Website accept sole and full responsibility.

The material provided by users (content or any other material that users provide, enter, make available to Danone or make accessible via the Website), must not :
– contain any viruses, or spyware likely to damage the Website, slow it down, or more generally prevent it from functioning properly,
– be dishonest, inaccurate, or misleading,
– be of an advertising or promotional nature,
– have been acquired illicitly or breach the rights of a third-party,
– contravene current standards and laws,
– contain material that constitutes harassment, or that is detrimental, defamatory, violent, vulgar, obscene, or hateful, or can be criticised from a racial or ethnic standpoint, or offends public decency, or is likely to undermine respect for human beings and their dignity, as well as the protection of minors.
– The information and services accessible via the Website are provided as is. Errors and omissions may occur. Danone provides no explicit or implicit guarantee, and assumes no liability relating to the use of this information, the services, or the Website.

Users acknowledge that they are solely responsible for their use of the Website, and of the information and services accessible via the Website, and acknowledge that neither Danone, nor any of its subsidiaries shall be held liable for any direct or indirect harm, and specifically for material or immaterial damage, loss of data or programmes, or for financial harm resulting from accessing or using the Website or any websites that are linked to it, or specifically from the interruption, suspension, alteration or retirement of the Website or one of its features.

The Website content is provided with no guarantees of any kind, which users expressly acknowledge.

Depending on the circumstances, Danone may take any measures that it deems necessary or appropriate regarding users’ access and/or use of the Website and its services, as well as regarding the material provided by users.

Specifically, Danone may interrupt, restrict, suspend, or prohibit access to the Website in full or in part, with no notice or compensation, if users behave in a way or have taken part in activities that are forbidden by current laws and regulations or by the General Conditions.

The provisions of this article shall remain applicable following the termination or the expiry of the General Conditions.

8 – Control of Downtoearth-danone.com

Downtoearth.danone.com reserves the right not to publish, or to remove any message, content or document that does not comply with these conditions of use at no notice.

Contributions posted on the Website must relate to environmental and sustainable development issues, and will be subject to prior moderation, i.e. they will only be published after having been read by Downtoearth-danone.com staff. Links suggested by internet users will also be checked before they are published, in order to make sure that they are working.

Downtoearth.danone.com reserves the right to remove a contributor’s alias if required, to remove all or part of a contribution, or to ban a contributor on a temporary or definitive basis if they persist in breaching these conditions of use.

Internet users are advised that Downtoearth.danone.com will provide any information that enables an internet user to be identified, or makes their identification easier, such as their IP address and the time they logged on, if they are still in possession of that information, where that user is guilty of breaking the law or infringing the rights of a third party, at the request of a legitimate authority (jurisdiction, administrative authority or police force).

In the event that the Website’s liability is invoked in law due to an internet user failing to fulfil the obligations incumbent upon them, Danone may name that individual as a respondent.

9 – Data relating to contributions to the Downtoearth-danone.com Website

In order to see their contribution published on Downtoearth.danone.com, internet users must fill in certain obligatory fields, namely their alias and the content of their message. Only their alias and the text of their contribution will be shown online. In order to remain anonymous when making a contribution, internet users are advised to use an alias that does not mention or refer to their name or personal details.

Internet users may, however, choose to leave their email address, in order to correspond with the Downtoearth.danone.com team. This address will not be recorded in any database and will not be the subject of any private data processing without the prior agreement of the internet user.

10 – Applicable law

These General Conditions are subject to French national law. The language of the General Conditions is English. In the event of a dispute, only the French courts will have jurisdiction.

11 – Updates to the General Conditions

Danone reserves the right to alter and update access to the Website, together with the General Conditions, at any time. Users must comply with these alterations and updates, and must therefore regularly refer to this feature to check the General Conditions in force.