This website www.naturesgrainguard.com (hereinafter referred to as the “Website”) is presented by Lesaffre Yeast Corporation (referred to as “Lesaffre Corporation and affiliates”) to Internet users (hereinafter the “Users“, and also referred to as “you” or “your“). Before using the Website and the services offered on it, Lesaffre Corporation and affiliates ask you to read the terms and conditions detailed hereafter as they describe your rights and obligations and those of Lesaffre Corporation and affiliates (hereinafter the “Terms”) where applicable. Access to the Website, your use of this Website and the services offered on it imply unrestricted and unconditional acceptance of the Terms. If you do not wish to be bound by these Terms, you are not authorized to use the Website and the services offered on it.
IF YOU DO NOT ACCEPT THE TERMS SHOWN BELOW, PLEASE LEAVE THIS WEBSITE IMMEDIATELY.
The content featured on this Website has been created exclusively for the purpose of providing information about Lesaffre Corporation and its affiliates. The Website allows Users to discover Lesaffre Corporation and affiliates’ products and services, and to sign up via notably User’s email address to receive all information, in particular, commercial or promotional information, from Lesaffre Corporation and affiliates. No commercial use may be made of the data shown on the Website without the prior written agreement of Lesaffre Corporation and affiliates, the Website’s publisher.
ADMINISTRATION & MODIFICATIONS
The control and administration of the Website are carried out from Lesaffre Corporation and affiliates’ North America corporate offices in Milwaukee, Wisconsin, which makes no claim that this material is adapted to, or available for use in all countries. If you are using the Website from other regions than United States and Canada, it is your responsibility to ensure that you conform to local laws and regulations. Lesaffre Corporation and affiliates reserve the right to change these Terms. In this case, the new version of the Terms will be available on the Website and the changes will be effective immediately after your access to the Website. Thus, the applicable terms and conditions are those in effect and available on the Website on the date on which the Website is accessed by the User. Lesaffre Corporation and affiliates reserve the right to modify or correct the Website content at any moment, without notice, in addition to the present Terms. It may not be considered liable for any possible consequences of such modifications.
INTELLECTUAL PROPERTY RIGHTS
You shall assume that everything you see or read on this website is protected by intellectual property rights. Unless otherwise expressly stipulated, Lesaffre Corporation and affiliates is the owner or licensee of the intellectual property rights over the Website and all related rights, whether this concerns its general structure or an element of its content (including but not limited to: texts, recipes, slogans, graphics, images, photographs and other content). Unless otherwise expressly provided in these Terms, any partial or complete reproduction, representation, modification, alteration and/or total or partial operation of the Website and/or an element of its content, by any means whatsoever and on any medium whatsoever (in particular by storing information on another medium), must always be subject to the prior written express authorization of Lesaffre Corporation and affiliates. Permissions to display some elements of the Website are to be demanded by mail at the following address:
7475 West Main Street, Milwaukee, WI 53214
Any failure to obtain such authorization will be treated and pursued as a case of intellectual property right infringement.
In particular, the texts, recipes, images, drawings, layout, and graphical identity of this Website are protected by intellectual property legislation. To the extent permissible by law, copying, extracting, circulating, broadcasting, or modifying the content of this Website for commercial purposes is strictly forbidden. The presentation and content of the Website jointly constitute a “work” protected by the applicable legislation concerning the intellectual property rights belonging to Lesaffre
Corporation and affiliates.
Lesaffre Corporation and affiliates authorizes the downloading of a copy of the information to a temporary storage area strictly for private consultation purposes only, on condition that you do not, delete, alter or modify the pages or the content concerned, or change any copyright logo or other symbol, such as the symbols concerning registered trademarks, reservation of rights, or any other protected rights (copyright, “©” or “®” symbols, etc.), digital traceability data or any other technical aspect created for recognition purposes.
The trademarks, logos, brands, corporate names, acronyms, trade names, signs, domain names, product and service names used on this Website, whether registered or not, (collectively the “Trademarks“), including without limitation “Nature’s Grain Guard” and “Grain Protect”, constitute distinguishing marks or trade names of Lesaffre Corporation and its affiliates that may not be used without the express prior written permission of their owner. Nothing contained on this Website should be construed as granting any license or right to use any Trademark displayed on this Website without the written permission of Lesaffre Corporation and affiliates.
Any total or partial reproduction, representation, operation, or use whatsoever, of these Trademarks carried out based on elements featured on the Website without the express written authorization of Lesaffre Corporation and affiliates constitutes an act of infringement, punishable by applicable law.
The User acknowledges that the Website consists of one or more databases made available by Lesaffre Corporation and affiliates in its capacity as producer of said databases within the meaning of applicable regulations. Unless the prior written agreement of Lesaffre Corporation and affiliates has been obtained, the User agrees not to conduct any direct or indirect, total or partial, qualitatively or quantitatively substantial extraction, use, storage, reproduction, representation,
modification, translation, transfer to another site or preservation of the content of one or more Lesaffre Corporation and affiliates’ database without the prior written permission of Lesaffre Corporation and affiliates. The User also agrees not to conduct repeated and systematic extraction or reuse of qualitatively or quantitatively non-substantial parts of the content of one or more databases of Lesaffre Corporation and affiliates.
Unless otherwise expressly provided in the above “Intellectual property rights” section of these Terms, no aspect of the present Terms may be interpreted as granting to the User any license, right, copyright, or other intellectual property rights of any form. If, in your capacity as the owner of an intellectual property right, you feel tha t your work has been unfairly
copied or distributed via this Website, please immediately inform Lesaffre Corporation and affiliates of this by writing to the following address:
Lesaffre Corporation Red Star Yeast
7475 West Main Street, Milwaukee, Wisconsin 53214
CONTACTING LESAFFRE CORPORATION AND AFFILIATES
Your messages are always welcome on the Website. Any message or document which you may send to the Website by e-mail or by any other means, including (for example) personal details, questions or answers, comments, suggestions or any other information, will be treated as non-confidential and non-exclusive.
Any data which you may submit or put online may be used by Lesaffre Corporation and affiliates or allocated by license to third parties by Lesaffre Corporation and affiliates, for the following purposes: the management of the customer relationship and the offering of products and services by Lesaffre Corporation and affiliates, For further details about the processing of your personal data, please refer to section “Personal data” below.
Furthermore, Lesaffre Corporation and affiliates is free to use any idea, concept, know-how or techniques contained in any message which you send to the Website regardless of its subject.
LIMITATION OF LIABILITY
It is possible that the documents featured on this Website contain inaccuracies or errors. Lesaffre Corporation and affiliates does not guarantee or warrant that (i) the information or Website functionalities contained in the Website is free of errors or inconsistencies, or that (ii) the Website or its access server is free of virus or any other dangerous component. The use of, and visits to this Website are undertaken at your own risk: The User is solely liable for User’s use of the Website and the services that the User accesses from the Website.
The User acknowledges and accept s in this respect that the User will be personally liable for any claim or proceedings brought against Lesaffre Corporation and affiliates due to User’s improper use of the Website or any service offered on the Website.
Lesaffre Corporation and affiliates shall not be liable:
- In case of unavailability of the Website and any service offered on the Website for reasons such as (but not limited to) the shutdown of the public power grid, the failure of cable telecommunications networks, loss of connectivity to the Internet network due to public or private operators, including one of the Users, caused in particular by strikes, storms, earthquakes or any other cause having the characteristics of force majeure as interpreted by the United States courts;
- If the Website content and any service accessible via the Website is used by a User in conditions that do not comply with these Terms;
- For any malfunction of any kind relating to the User’s hardware and User’s Internet connection when accessing the Website and or services offered on the Website.
To the fullest extent permissible by applicable law, neither Lesaffre Corporation and affiliates nor any other party involved in the creation, production or delivery of this Website will be held liable for any direct or indirect damages or compensation including in particular loss of profits, data or other intangible losses, arising notably from (i) the use or inability to use the Website, the services offered by the Website or the content of the Website; (ii) any claim attributable to errors, omissions, or other inaccuracies contained on the Website and an element of its content or the services offered by the Website; (iii) unauthorized access to, or alteration of your transmissions or data; or (iv) any other matter relating to the Website and elements of its content or services offered by the Website, even if Lesaffre Corporation and affiliates has been informed of the possibility of such damages. Without in any way restricting the above, all information and data contained on this Website is proposed to you “AS IS”, i.e. WITH NO EXPRESS OR IMPLIED GUARANTEE OF ANY FORM. Lesaffre Corporation and affiliates reserves the right to refuse all or part of the access to the Website or the services offered by the Website to any User for any reason, at any time and at its sole discretion. The User accepts that Lesaffre Corporation and affiliates may block the IP address or addresses of the User at any time, without notice and at its sole discretion to refuse the continued use of the Website by the User.
Lesaffre Corporation and affiliates reserves the right to take any action it deems appropriate, at its sole discretion, against breaches of the Terms, and expressly reserves all rights and remedies available. Access to the site may be unavailable or terminated at any time for updating or any other technical matter. Lesaffre Corporation and affiliates
shall not be liable for these interruptions and for any claims or damages arising directly or indirectly from them.
Lesaffre Corporation and affiliates may not be considered liable for any links created directly or indirectly from its Website, or for the content of other websites. The creation of hypertext links to the Website may only proceed subject to the prior written agreement of Lesaffre Corporation and affiliates, which may be revoked at any time. The existence of any link to sites linked to the gnosisbylesaffre.com Website does not imply approval by Lesaffre Corporation and affiliates of the content of the pages hosted off at Website or of any other site linked to the redstaryeast.com Website. Consequently, you access other off-site web pages or websites via links at your own risk and under your own liability.
The purpose of this section is to describe how L esaffre Corporation and affiliates will process personal data that Users provide when using the Website.
- Personal data collected on the Website To provide the Website and all services offered on the Website, Lesaffre Corporation and affiliates will store and process certain personal data about Users. Lesaffre Corporation and affiliates may collect or ask Users to provide data from time to time, such as name, address, email address, telephone number, IP address, browser type, operating system, and/or activities on the Website. In particular, Lesaffre Corporation and affiliates may collect Users’ personal data:
- via online forms, registration of online Users;
- via information provided by the User in a letter sent to Lesaffre Corporation and affiliates;
- via a cookie placed during visits to the Website. The data collected will include Website browsing, actions, pages viewed, frequency and dates of access, etc. Please refer to the section “Cookies” below for more details about cookies used.
- Lesaffre Corporation and affiliates takes reasonable steps to ensure the security of such data and to prevent their illegal use or any unauthorized access.
- The provision of personal data is optional. However, in the event of refusal to disclose personal data, Lesaffre Corporation and affiliates may not be able to process your request. If you decide to disclose your personal data to Lesaffre Corporation and affiliates, the mandatory or optional nature of the fields to be filled in will be clearly marked.
Purposes of processing Users’ personal data
The personal data of each User will be kept with any additional information that the User may have disclosed to Lesaffre Corporation and affiliates from time to time, and will be used to provide you the services offered on the Website and any other related services and to process specific requests made through the Website, and more generally, to manage the customer relationship.
Lesaffre Corporation and affiliates may also use the personal data of Users as indicated above in “Contacting Lesaffre Corporation and affiliates” and to analyze Website use and/or keep Users informed about other products and services which, according to Lesaffre Corporation and affiliates, might interest them or, more generally, for any commercial prospecting if the explicit consent of the User has been obtained when such a consent is required by applicable law.
Retention of your personal data
Lesaffre Corporation and affiliates will only process Users’ personal data for the period necessary and proportionate for its purposes. Lesaffre Corporation and affiliates will notably retain Users’ personal data for the duration required for the management of the commercial relationship.
However, personal data needed for evidence purposes or to comply with legal obligations may be retained during the following respective period: the period of the relevant statute of limitations or the duration required by law. Moreover, personal data used for direct marketing purposes may be retained during three years from either (i) the end of the commercial relationship with the User or (ii) the date of the data collection relating to, or the last contact with, the User who is a potential customer.
Recipients of your personal data
- Personal data is intended for Lesaffre Corporation and affiliates and its staff. This data may be disclosed to third parties designated by Lesaffre Corporation and affiliates for the provision of services offered on the Website. All staff and any third parties referred to above are subject to strict confidentiality rules.
- In addition, if you duly notified your acceptance when such a consent is required by applicable law, personal data may be used for purposes of commercial prospecting by Lesaffre Corporation and affiliates or Lesaffre Corporation and affiliates’ partners.
- Lesaffre Corporation and affiliates may, from time to time, increase or reduce its activities which may involve the sale of certain divisions or the transfer of control of certain Lesaffre Corporation and affiliates activities to other parties. If any, the personal data provided by Users is to be transferred/assigned to the successor of the activity and the successor or the new controlling party will be authorized hereunder to use such personal data for the sole purposes for which it was provided by you.
- Lesaffre Corporation and affiliates may share your personal data with its service providers and subcontractors for the purpose of providing Lesaffre Corporation and affiliates’ products and services including the products and services mentioned on the Website or related. Lesaffre Corporation and affiliates may, from time to time, transfer your personal data to entities located outside the U.S. or Canada, some of which may have laws on personal data protection that differ from those of the U.S. and/or Canada, or no data protection law.
Users’ rights regarding their personal data
The User has:
i. a right of access to User’s personal data processed by Lesaffre Corporation and affiliates;
ii. a right to correct, update and delete personal data;
iii. the right to object, for legitimate reasons, to User’s personal data being processed;
iv. the right to object, without charge, to User’s personal data being used for prospecting purposes, including commercial purposes, by Lesaffre Corporation and affiliates or any third party designated by Lesaffre Corporation and affiliates.
The User may exercise User’s rights by contacting Lesaffre Corporation and affiliates at the following address:
Lesaffre Corporation Red Star Yeast 7475 West Main Street, Milwaukee, Wisconsin 53214
In order to improve our service to you, we measure the number of page views, the number of visits, in addition to the activity of Users on our Website including their return rate. To achieve this, we use “cookies”.
These are issued by server of the company Go Daddy, which hosts the Website. The cookies used by the Website contain: a unique identifier generated at random, in addition to the date of your last visit. Cookies will be retained for no longer than 13 months following their first deposit on User’s terminal further to User’s consent.
|Cookie Type||Provider||Type & Goal|
|Preferences||Lesaffre Corporation and affiliates||Register your consent or your refusal regarding the utilization of cookies on the website|
|Preferences||Lesaffre Corporation and affiliates||Save the language used by the user for the website|
|Analysis & Statistics on the Traffic||Google Analytics||Save a unique ID which is used to generate statistical data for the use of the website|
|Analysis & Statistics on the Traffic||Google Analytics||Used to differentiate users|
|Analysis & Statistics on the Traffic||Google Analytics||Used to limit the numbers of requests|
If you do not wish to receive cookies, you can change the settings of your computer and your browser as follows:
For Microsoft Internet Explorer:
- Click the Tools button, and then click Internet options.
- Click the Privacy tab, and in Settings, move the slide r to the top to block all cookies, and then click OK.
For Mozilla Firefox:
- Click the menu button and choose Options
- Select the Privacy tab
- In History > Firefox will: select Use custom settings for history
- Uncheck Accept cookies from sites to di sable them
For Google Chrome:
- Click the Chrome menu button and select Settings
- At the bottom of the page, click Show advanced settings
- To disable cookies, select Block sites from setting any data
- Click Done to save
- Go to Safari > Preferences and click Privacy
- In Cookies and website data select Always block
Lesaffre Corporation and affiliates’ liability cannot be sought if the performance of one of their obligations is prevented or delayed by an event of force majeure, including, but not limited to, natural disasters, fire, malfunction or interruption of the telecommunications n etwork or the power grid, attacks including terrorist attacks, strikes, or wars.
By accessing the Website, the User represents, warrants and agrees:
- To access the Website and related services in good faith in accordance with these Terms, which the User accepts;
- Not to try to damage, hack, reverse engineer or otherwise interfere (collectively, “Interfere”) with the Website in any manner whatsoever. If you interfere in any way with the Website, you agree to pay all damages that Lesaffre and its subsidiaries could incur;
- Not to access and/or use the Website and any service provided by the Website for illicit purposes and/or for the purpose of harming the reputation and image of Lesaffre Corporation and affiliates, or more generally to infringe the rights, including the intellectual property rights of Lesaffre Corporation and affiliates or any third party;
- Not to use any part of the Website and the services it offers, especially for commercial and/or personal purposes, in a form and/or a medium n ot expressly authorized by Lesaffre Corporation and affiliates;
- Not to market, directly or indirectly, the access to the Website and the services it offers;
- Not to reproduce or represent all or part of the Website for private purposes beyond the exceptions permitted by law, or for direct or indirect marketing in particular to third parties;
- Not to restrict the access to, or the use of the Website and/or services available via the Website;
- Not to change, including in the buffer or temporary memory, any notice or element of the content of the Website and/or services available via the Website;
- Not to contravene the legal provisions relating to “hacking;” In the event of breach of one or more of these provisions, and without this list being exhaustive, the User acknowledges and accepts that Lesaffre Corporation and affiliates shall have the right to refuse, unilaterally and without prior notice, access to a ll or part of the Website.
ENTIRE AGREEMENT – TITLES
The Terms constitute the entire agreement between Lesaffre Corporation and affiliates and the User relating to the use of the Website and the services offered on it and supersede any agreement having th e same purpose that may have existed previously between the User and Lesaffre Corporation and affiliates.
The failure of either party not to claim a breach by the other party to any of the obligations set forth herein shall not be construed in the future a s a waiver of the obligation in question.
In case of difficulties in interpretation between any of the titles at the beginning of the clauses of these Terms and any of the clauses, the titles will be declared non-existent.
In the event that one or more provisions of the Terms would be considered null, deemed unwritten or declared as such pursuant to any law, regulation or following a decision of a competent jurisdiction having authority res judicata with no right of appeal, the other provision s shall remain in full force and effect and remain fully applicable.
These Terms are governed by the laws of the State of Delaware.
© 2021 – Lesaffre Corporation – All rights reserved.
7475 West Main Street, Suite 150
Milwaukee, Wisconsin 53214 USA