This agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.

Date of Last Revision: ( )

1. Introduction

1.1. This Agreement is entered into between you (the “User”) and Virbac RSA (“Virbac” or “we” or “us” or “our”) concerning the terms of use of our Digital Platform and associated services.

1.2. Use of the Services may include the processing of your personal information. If you would like more information about our processing of your data, please read our Privacy Policy.

1.3. By using the Digital Platform, you acknowledge that you have read, understand and expressly agree to the Terms and Conditions of this Agreement. If you are not willing to accept same, please do not access or use the Digital Platform.

1.4. The Platform and associated Services are intended Users who are 18 years and older and residing in South Africa and the other areas in Africa where we operate.

1.5. For more details on our products and services, please visit our website.

2. Definitions

1.1. “Agreement” this Agreement is between the User and Virbac.

1.2. “Digital Platform” means the Virbac internet website (accessed via www.virbac.co.za) and/or any Virbac Apps.

1.3. “Business Day” means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa.

1.4. “Software”  means collectively: (i) online application software that is provided by or is connected with Virbac(ii) all the contents of the software under this Agreement, including the object code form of the software; and (iii) upgrades, modified versions, updates, additions, and copies of the software, if any, in respect of which the rights are granted to you under this Agreement.

1.5. “Virbac Apps” means any online application Software that is provided by or is connected with Virbac that you install or download from an online application store and access via a mobile device or other electronic device including the BackHome South African National Database for Animal Electronic Identification  App and the Milpro Deworming App.

1.6. “You” or “your” means the end user (either an individual or an entity) of the Digital Platform.

3. Your Profile

1.1. The Agreement starts when you create an account and register your online profile containing your full name, identity number, email address and contact details. Your login details must consist of a unique user name and secure password to manage the account.

1.2. By registering a pet, entering microchip identification numbers, or providing animal health records on the Digital Platform, you explicitly represent and warrant that:

1.2.1. you are the legal owner of the animal; or

1.2.2. you have obtained express written authorization from the legal owner to input, update, manage, or transfer the animal's details on their behalf.

1.3. Entering details, registering a microchip, or managing data for an animal without legal ownership or express written authorisation is strictly prohibited and constitutes a material breach of these Terms.  Virbac reserves the right to immediately suspend, restrict, or delete any account or pet profile, and revoke microchip registration access, if we suspect or determine that data was submitted without proper ownership or written authorisation.

1.4. You may terminate the Agreement at any time by deleting your profile, after which you will no longer have access to the Digital Platform or Virbac Apps.

1.5. By downloading or using the Platform, you consent to receive communications from Virbac directly within the application, including pop-up notices, service updates, administrative alerts, and push notifications. You may manage your notification preferences or opt out of non-essential promotional communications at any time through your device's operating system settings or within the account settings menu. Disabling certain notifications may impact the functionality or user experience of the Digital Platform.

1.6. You hereby give Virbac permission to process your Personal Information to verify your details and to communicate with you in line with our Privacy Policy.

1.7. Certain Digital Platform features (BackHome) allow users to link microchips, register pets, and maintain contact information to assist with pet identification and reunification. Users are responsible for maintaining up-to-date contact information in the database to enable successful pet recovery.

1.8. In the event that you are already registered on another Virbac App or database, your current details will automatically be prepopulated for your convenience.

4. Right of Use

1.1. Virbac or its licensors are the rightful owners of the Digital Platform. Virbac grants you a limited, non-exclusive, non-transferable, revocable right to use the Digital Platform under the terms and conditions contained in this Agreement.

1.1. You  are only authorised to use the Digital Platform for your own private purposes and shall not exploit it for commercial gain under any circumstances.

1.2. The Digital Platform is free but personal data charges may apply when you download or use the functionalities or when you order microchips or other products through the Digital Platform. You are solely responsible for these personal charges and fees.

1.3. You agree to keep your login details (your user name and password) confidential and not allow any other person to use it.

1.4. You accept full responsibility for any activity/transaction that occurs under your login details.

1.5. Virbac may refuse to provide you with access to the Digital Platform or terminate or suspend your Profile if we are unable to verify any information that you provide to us or if you breach the provisions of this Agreement.

1.6. You agree to notify Virbac immediately of any unauthorised use of your login details or any other breach of security with respect to your account.

1.7. You are only permitted to register one account for each Virbac App. If you use more than one account we reserve the right to suspend or terminate your access to the Services.

1.8. By submitting data, feedback or any records on the Digital Platform (“User Content””),  you grant Virbac a non-exclusive, royalty-free, global license to use, host, store, and process such data to operate, improve, and develop our services, products, and analytics, in compliance with applicable laws.

5. Prohibited Use

1.1. You may use the Services only for lawful purposes and in accordance with this Agreement, including, without limitation, applicable restrictions concerning copyright and other intellectual property rights.

1.2. Virbac will not be liable for any loss or damage arising from unauthorised use of your user profile.

1.3. You may not:

1.3.1. directly or indirectly infringe the Intellectual Property rights of Virbac or any third party;

 

1.3.2. upload or transmit any viruses, malware or harmful code to the Digital Platform or do anything that could compromise its cybersecurity posture;

 

1.3.3. post, transmit or otherwise make available any materials that are threatening, harassing, degrading, hateful, intimidating, or otherwise fail to respect the rights and dignity of others;
 

1.1.1. attempt to gain unauthorised access to Virbac’s servers, user accounts, or connected networks;

 

1.1.2. use automated systems to access or harvest data from the Digital Platform;

 

input false, misleading, or fraudulent information, including animal health records or veterinary credentials.

6. Transfer of Ownership

Any requests to transfer registered pet data or microchip records will only be processed upon mutual authorisation and written approval from both the current registered holder and the prospective recipient by submitting a signed Change of Ownership from via the designated channels on the website or the features of the specific App.

7. Disclaimers

1.1. Any content provided on the Digital Platform, including product details, diagnostic tools, dosing calculators, educational articles, and guidelines, are for general informational and educational purposes only. Notifications rely on user input and system connectivity. Users remain solely responsible for managing their pets' health regimes and consulting a licensed veterinarian.

1.2. The use of the Digital Platform does not establish a veterinarian-client-patient relationship. The content provided is  not a substitute for professional veterinary advice, diagnosis, or treatment. Always seek the advice of a qualified veterinarian or licensed animal health professional regarding any medical condition or treatment of your pet.  The Digital Platform is not monitored for medical emergencies and is not designed, intended, or equipped to provide urgent medical intervention, real-time triage, or emergency response services. If your pet experiences a medical emergency, acute physical distress, suspected toxicity, accidental overdose, or severe adverse reaction to any animal health product contact a veterinarian, an emergency veterinary hospital, or an animal poison control hotline immediately.

1.3. Never disregard or delay seeking professional advice because of something you read on the Digital Platform.

1.4.The Digital Platform is provided on an “as is” and “if available basis” without warranty of any kind, express or implied, statutory or otherwise, and, to the maximum extent permitted by applicable law, neither Virbac, its licensors or affiliates, nor the copyright holders make any representations or warranties, express or implied, including, without limitation, to warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee, or representation, whether oral, written or in electronic format, including but not limited to the accuracy or completeness of any information contained therein or provided by the Digital Platform.
 

 

1.5. The Digital Platform has not been written to meet your individual requirements and there is no warranty that the functions contained in the Digital Platform will meet your requirements or that the operation will be uninterrupted or error free.

8. Indemnity and Limitation of Liability

1.1. Virbac  shall not be liable for any loss or damages (including without limitation consequential loss or damage) whatsoever from the use of, or reliance on the information contained in the Digital Platform.

1.2. To the maximum extent permitted by applicable law, Virbac, its employees and licensors shall not be liable to you or to any third party for any liability, losses, damages and/or costs or expenses whether special, direct, indirect and/or of a consequential nature including but not limited to loss of income, loss of profits, loss of business information, business interruption, death or personal injury caused by any nature whatsoever or arising out of the use of or inability to use the Digital Platform, any defect or error in the Digital Platform or any failure in the performance of the Digital Platform and you hereby indemnify Virbac against any such liability.

1.3. You agree to defend, indemnify, and hold harmless Virbac, its parent companies, subsidiaries, affiliates, and their respective officers, directors, employees, agents, contractors, and successors from and against any and all third-party claims, liabilities, losses, damages, penalties, costs, and expenses (including reasonable legal and attorneys' fees) arising out of or related to:

1.3.1. Pet Ownership & Authority Claims: Any breach of your representations regarding legal pet ownership, unauthorized entry or transfer of animal records or microchip details, or any dispute between you and any third party regarding legal title, right of custody, or registration of a pet on the Platform.

1.3.2. Intellectual Property Infringement: Any claim that content, images, text, user data, trademarks, or materials submitted, uploaded, or transmitted by you through the Platform infringe, misappropriate, or violate any copyright, trademark, trade secret, patent, or other intellectual property or proprietary rights of any third party.

1.3.3. Breach of Terms: Your violation of any provision of these Terms or applicable local, national, or international laws and regulations.

1.3.4. Digital Platform Misuse: Your misuse of the Platform, including fraudulent activity or unauthorized access to system databases.

1.4. Virbac acts strictly as a technology and database host with regards to the Digital Platform. Virbac is not a party to, and will not mediate, arbitrate, or adjudicate, any dispute between parties claiming legal ownership or right of custody to any pet registered on the database.  

1.1. You are solely responsible for your interactions (including any disputes) with other users when communicating via the Digital Platform.

9. Intellectual Property (IP)

1.1. The Digital Platform and Software and all rights therein, including, without limitation,all content, designs, text, graphics, logos, trademarks, software, and proprietary code,, are owned by Virbac and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable laws of the Republic of South Africa.

1.2. You agree that you have no IP rights whatsoever in the Digital Platform or Software and that no use thereof should be construed as granting any rights to use or exploit the IP.

1.3. The Company name and all other names, logos, product and services names, designs, and slogans are trademarks of Virbac, our affiliates or licensors (the “Marks”). You may not use the Marks without our prior written consent, including in connection with any product or service that is not ours or in any manner that is likely to cause confusion.

10. Third Party Apps and Websites

1.1. The relevant App Store that you used to download any Virbac Apps (IOS or Apple) contains its own terms of use that apply between you and them independently from this Agreement.

1.2. For your convenience, the Digital Platform may contain links to the websites, applications, or services of third parties from which you may be able to obtain information or use services.

1.3. While we make every effort to use reputable and safe sources, we have no control over, and assume no responsibility for, the content, privacy policies, security, or practices of any third-party websites, applications, or services.

1.4. Any linking to or from any such off-site pages or other websites or applications by you is at your own risk.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the primary operating entity of Virbac for your region is registered, without regard to its conflict of law provisions.

12. Amendments

Virbac reserves the right to update or modify these Terms at any time. We will notify you of material changes by updating the "Last Updated" date at the top of these Terms or through in-app notifications. Continued use of the Platform after changes are posted constitutes acceptance of the revised Terms.

13. Feedback and Notices

1.1. The Digital Platform and associated services are provided by Virbac RSA (Pty) Ltd, Reg. No. 1990/003743/07.

1.2. Virbac encourages any feedback, comments and suggestions for improvements regarding the Digital Platform.

1.3. Feedback can be submitted via email to marketing@virbac.co.za or Private Bag X115, Halfway House, 1685, South Africa.

1.1. Virbac RSA (Pty) Ltd ("Virbac", "we", "us", or "our") provides this Privacy Policy to inform you of our policies and procedures regarding collection, use, disclosure, retention and destruction (collectively “Processing”) of personal information that we receive from users of our website, social media pages and our BackHome and Milpro Apps (collectively “Digital Platforms”).

1.2. As a leading global Animal Health Company, we strive for customer satisfaction, which includes keeping your personal information confidential and safe. We comply with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and all other applicable data protection laws of the countries where we do business.

1.3. By providing personal information to us or by using our Services, you agree to the terms and conditions of this Privacy Policy.  If you submit any personal information relating to another individual to us, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

1.4. Our Services are not intended for or directed to anyone under the age of 18. If a parent or guardian becomes aware that their child has provided us with Personal Information without their consent, please contact us, and we will delete such information from our files.

Information Collection

1.1. Personal information is provided directly to us by users who visit our Digital Platforms and create a profile and/or subscribe to receive our newsletters, microchips or automated reminders. Personal information may also be collected by us to ensure that your information is accurate and up to date and to improve your user experience when you manage your animal health requirements via our Digital Platforms and products.

1.2. The following personal information will be collected:

1.2.1. Contact Information: Your name, email address, physical address, and contact numbers.

1.2.2. Animal Health Data: Information concerning your pets, including microchip numbers (for BackHome), deworming schedules and weight (for Milpro), and general health status.

1.2.3. Account Details: Preferences and interests expressed in the course of using the Services.

1.2.4. Log Data: Your IP address, browsing habits, click patterns, location information, and time of visit.

1.2.5. Other: Comments, enquiries, complaints, survey responses, feedback and other servicing interactions.

1.3. We may also collect certain non-personally identifiable information automatically such as:

1.3.1. Animal Health Data: Information concerning your pets, including microchip numbers (for BackHome), deworming schedules and weight (for Milpro), and general health status.

1.3.2. Device Information: The type of handheld or mobile device used (e.g., Apple, Android), Media Access Control (MAC) address, operating system name and version.

1.3.3. Log Data: Your IP address, browsing habits, click patterns, location information, and time of visit.

Contacting Us

If you have any questions regarding this Privacy Policy or wish to exercise your privacy rights, please contact our Deputy Information Officer at:

Virbac RSA (Pty) Ltd, Private Bag x115, Halfway House, 1685, South Africa

Email: alicia.tait@virbac.co.za

Amendments

We may change this Privacy Policy at any time. The most updated version will be available on our website . It is your responsibility to check our website regularly to ensure that you are aware of these changes. By continuing to use the Digital Platforms, you agree that the latest version applies to you. 

Cross border transfers across Africa and Globally

1.1. Virbac is part of a global organisation with our headquarters situated in France and we operate our business on an international basis.  This means we may need to transfer your personal information outside of the Republic of South Africa when we utilize various local and international cloud service providers and IT software solutions to process and store your data securely.

1.2. In strict compliance with Section 72 of POPIA, we will only transfer your personal information under the following circumstances:

1.2.1. Adequate Protection: The third-party recipient is subject to a law (such as the General Data Protection Regulation (GDPR) in France), binding corporate rules, or a binding agreement which provides an adequate level of protection substantially similar to the conditions for the lawful processing of personal information as set out in POPIA;

1.2.2. Consent: You have explicitly consented to the transfer of your personal information;

1.2.3. Contractual Necessity: The transfer is necessary for the performance of a contract between you and Virbac, or for the implementation of pre-contractual measures taken in response to your request; or

1.2.4. Benefit to the Data Subject: The transfer is for your benefit, and it is not reasonably practicable to obtain your consent, but if it were reasonably practicable to obtain such consent, you would be likely to give it.

We enforce appropriate data processing agreements and standard contractual clauses with our international cloud and IT service providers, as well as our global affiliates, to ensure that they uphold the same high standards of data security and confidentiality as required by South African law.

Cookies and tracking Technologies

1.1. We utilize cookies and similar technologies to enhance your experience:

1.1.1. Session Cookies: Temporary files used to improve navigation and collect aggregate statistical information. They are erased when you close your browser.

1.1.2. Persistent Cookies: Stored on your device to remember preferences, retrieve previously provided information, and customize content on an ongoing basis.

1.1.3. Web Beacons: Electronic images that allow us to count page views and analyze user behavior without collecting personal information.

Data Security and Retention

1.1. We employ administrative, physical, and electronic measures designed to protect your information from unauthorized access.

1.2. In the event of a security breach involving your unencrypted electronically stored personal data, we will notify you via email or a conspicuous posting on our apps, without unreasonable delay, balancing the legitimate needs of law enforcement.

1.3. We retain your personal information for as long as needed to provide the Services, maintain our ongoing relationship, and comply with our legal pharmacovigilance obligations.

Your Privacy Rights

1.1. In accordance with POPIA, you are entitled to the following fundamental rights relating to your personal information:

1.1.1. Right of Access: You may request confirmation of whether we hold personal information about you and request access to or a copy of that information.  The access procedure and forms are available in our PAIA Manual which is available on our website.

1.1.2. Right to Correction or Deletion: You may request that we correct, update, or delete personal information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, or obtained unlawfully. You can also modify your user account preferences directly within our Digital Platforms.

1.1.3. Right to Object: You have the right to object, on reasonable grounds, to the processing of your personal information, unless such processing is allowed in terms of applicable laws.  Please note that the deletion, objection or withdrawal of your consent to process your personal information for the reasons mentioned in this Policy, may affect our ability to provide you with access to certain functionalities of our Digital Platforms.

1.1.4. Right to Opt-Out of Direct Marketing: You may opt out of receiving marketing communications, reminders, or pop-up notifications at any time.

1.1.5. Right to Restrict Automated Decision-Making: You have the right not to be subject to a decision based solely on the automated processing of your personal information (including profiling) that produces legal or similarly significant effects on you.  

1.1.6. Right to Lodge a Complaint: If you believe that Virbac has used your personal information contrary to POPIA or this Privacy Policy, we encourage you to contact us first on the contact details provided in clause 9 below, so we can resolve the issue. However, you also have the absolute right to lodge a complaint with the Information Regulator of South Africa.

Website: https://inforegulator.org.za/complaints/

Email for POPIA Complaints: POPIAComplaints@inforegulator.org.za

How we protect your personal information

Virbac employs reasonable security measures based on the sensitivity of the information which we hold. We have IT Security and Access Control processes in place to protect your personal information from unauthorised access and disclosure.

Who we share the information with

1.1. We do not share your Personal Information with third parties except as follows:

1.1.1. Virbac Affiliates: We may share your information with our affiliates within the global structure only if necessary and subject to those affiliates having similar or equal data protection laws.

1.1.2. Contracted Service Providers: We may appoint third parties to facilitate and provide services relating to our Digital Platforms, such as website and mobile application hosting, data analysis, and customer service. They are authorised to use your data only to perform tasks on our behalf in terms of written contracts.

1.1.3. Law Enforcement: We will cooperate with government and law enforcement officials and will disclose information if required by law, to protect public safety, or to prevent illegal activity.

1.2. The processing of your personal information for any other reason will only occur after we have obtained your express written consent.

How we use your information

We use the information we collect for the following purposes:

1.1. Animal health management and identification: To provide animal health tracking and send necessary medical and deworming reminders.

1.2. Communication: To respond to inquiries and send important administrative updates regarding our terms, conditions, and policies.

1.3. Business and Analytics: For data analysis, fraud monitoring, user authentication, determining the effectiveness of our campaigns, systems and processes, and to resolve your queries and complaints.

1.4. Legal Obligations: To comply with legal, regulatory, and pharmacovigilance reporting requirements.

1.5. Marketing: To provide you with software updates, product announcements, and personalised offers from the Virbac product range. (You may opt out of marketing communications at any time).

1.6. Statistics and research: To anonymise and aggregate relevant information for clinical and animal health studies.