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TERMS AND CONDITIONS OF USE

Last updated: 04.12.2020.

PickAqua PickAqua online store is owned and Product sales are organized by SIA ADE (40003072265), registered in Riga, Lāčplēša street 87A, LV-1011 (“our, us, us”)

These terms and conditions (“Terms”) constitute a legally binding agreement (“Agreement”) between you (“Buyer”, “User”, “You”) and us, governing access to the PickAqua Online Store (“Online Store”) and its use, as well as the legal relationship arising from the purchase of goods in it (“Products”). Therefore, when using the Internet store, these Terms will apply to you automatically. Make sure that you have carefully read these Terms before using the Internet Store. By using and accessing any page of the Internet Store or its part, you expressly agree to comply with all these Terms and that they are binding on you. An up-to-date version of these Terms is always available in our online store.

If you do not agree with our Terms, you are not allowed to access or use the Online Store.

You must be at least 18 years old for this Agreement to be valid. By registering and making purchases in the Internet store, you certify that you are a legally competent person and have the right to shop in the Internet store.

PickAqua Online Store is a retail online store where consumers purchase Products for personal and household needs.

1. TERMS OF USE
   1. The use and registration of the online store is free.
   2. You can access, use the Internet store and make purchases in it without registration. If you want to save the order information, you can agree to save the order delivery information or you need to go through the registration process and create an account.
   3. Persons who have reached the age of 18 are eligible to register an account.
   4. When registering in the Internet store, you are obliged to provide accurate, true and correct information about yourself, as well as to update it when it changes. More detailed information about the data you must provide can be found in our Privacy Policy.
   5. You are obliged not to disclose your online store account login data, to store them and to ensure that the data is known only to you and used only by you, not to disclose or otherwise create opportunities for other persons to get to know or use these data. You must notify us immediately if you have reason to suspect that your access information has been lost, stolen or otherwise used or accessed by a third party. All actions performed using your identification codes are considered actions performed by you, and you assume all responsibility for the consequences of such actions.
   6. As soon as we suspect that any of the terms of the Terms have been violated, we reserve the right to cancel or suspend your account pending an investigation.
   7. You may not assign your rights and obligations under this Agreement to third parties without our prior written consent. We may freely assign all of our rights and obligations under this agreement to affiliates or in connection with a merger, acquisition, reorganization or sale of all assets.
   8. Access to the Internet store and its use, including viewing pages, downloading information about Products and purchasing Products, are performed by Users of the Internet store only for personal purposes, which are in no way related to any trade, business or professional activity.
2. PRODUCT PRICE AND ORDER PLACEMENT
   1. Product prices are indicated on the Product page and include applicable and valid taxes for the relevant Product in the Republic of Latvia at the time of purchase.
   2. The order for products (“Order”) is considered to be completed and the purchase contract concluded when the Buyer creates a basket of products, specifies the delivery address and other information, chooses the payment method, familiarizes himself with these Terms and completes the order.
   3. We will call you back on the phone number you provided and confirm your order. We will also determine the time in which we can fulfill it.
   4. The online store can change the prices of the Products at any time.
3. TYPES OF PAYMENT
   1. The Buyer can choose the method of payment for the Products by choosing immediate payment using the offered payment system, or by paying for the delivered Products in cash upon delivery of the Order.
   2. When choosing the payment system offered for payment of the Products, the terms, conditions and privacy policies of the payment processor will apply to the payment processing, in addition to this Agreement. We are not responsible for payment processor errors or service disruptions.
4. PRODUCT DELIVERY
   1. The seller delivers Orders in the territory of Riga and outside it. The product delivery fee is added to the Product price and is indicated in the shopping cart section.
   2. The online store delivers in the Riga region on the following delivery days: Tuesday, Wednesday, Friday from 10:00 a.m. to 4:00 p.m. The delivery day depends on the delivery area.
   3. Delivery costs and days for addresses outside the territory of Riga must be coordinated with the Internet store. The delivery price depends on the place of delivery and the quantity of the Product. Phone for communication during working hours from 9:30-16:00: +371 67288249, or write to: info@ade.lv.
   4. Delivery will be made to the address specified by the Buyer at the time of placing the Order.
   5. The Buyer undertakes to personally accept the Order at the requested time or, when placing the order, to indicate the person who is entitled to receive it on behalf of the Buyer.
   6. If the Buyer or the person mentioned in point 4.5 is not present at the delivery address specified by the Buyer, we have the right to transfer the Order to any other adult person located at the specified delivery address and the Buyer has no right to make any claims to the Internet Store in connection with this.
   7. In cases where there is no one who can receive the Order at the address and time specified by the Buyer, the delivery takes place in accordance with the contactless delivery rules (paragraph 5).
   8. If the delivery of the Product is delayed for reasons beyond the control of the online store, we will notify the Buyer and, if necessary, coordinate another delivery time for the Product.
   9. At the time of delivery of the Product, the Buyer or another person who accepts the Product on behalf of the Buyer is obliged to check the compliance of the delivered Product with the Order. By accepting the Product without objections, the Product is considered to be delivered in accordance with the Order and in proper quality.
   10. If, at the time of delivery, the Buyer finds that the Order has not been delivered in the required quantity; whether the Product does not correspond to the information about a specific Product posted in the Internet Store; or the Product is of inadequate quality, the Buyer must inform the Internet store courier about it and the Buyer has the right not to accept such Product.
   11. The risk of loss or damage to the Product passes to the Buyer at the moment when the Buyer or his representative has received the Product in his possession.
5. CONTACTLESS DELIVERY OF THE ORDER
   1. The buyer can apply and the online store provides contactless delivery of the order.
   2. Contactless delivery is possible for Orders that the Buyer pays online using the payment system offered by the Internet store.
   3. Contactless delivery is made to the front door of the Buyer’s house or apartment.
   4. Immediately after delivery, the Buyer is informed about the completed Order and the Buyer undertakes to check the compliance of the Order immediately after receiving the informati
   5. The confirmation of the delivery of the Order is confirmed by the courier of the Internet store by taking a photo of the moment of delivery of the Order. In case of the Buyer’s claims regarding the conformity of the Order, the Buyer contacts the Internet store to receive proof of delivery.
   6. In order for the Order to be considered delivered in the case of contactless delivery, the receipt of the Order does not need to be confirmed by a signature. At the Buyer’s request, within 24 hours of the delivery of the Order, the Online Store sends an invoice/report for the delivered Order to the e-mail specified by the Buyer no later than within 24 hours.
6. PRODUCT QUALITY GUARANTEE
   1. The online store is not responsible for the information specified in the Product description. The product’s manufacturer is responsible for the product’s characteristics and description compliance with the requirements of regulatory acts, and the online store is only responsible for posting this information in the online store. Therefore, in case of claims, the Buyer has the right to file a complaint or compensation request with the Product manufacturer.
7. RIGHT OF REFUSAL, PRODUCT RETURN AND EXCHANGE
   1. In the event that the Buyer receives a Product that does not fully comply with the Order, the Buyer is first entitled to demand that the Online Store delivers the Product, which would ensure compliance with the Order, free of charge, and also returns the Product, which does not comply with the Order, to the courier of the Online Store who makes the delivery .
   2. The buyer has the right to unilaterally exercise the right of refusal within 14 days of receiving the Order. The right of refusal may be used in accordance with the regulations and this Agreement. The buyer bears all the costs related to the return of the Order, having previously agreed with the Internet store on the date and time of the return of the Product.
   3. To use the right of refusal, the Buyer sends information to the e-mail of the Internet store: info@ade.lv or communicates electronically by sending an e-mail to: 67288249
   4. The right of withdrawal cannot be used if the Buyer has opened the Product’s packaging in whole or in part, which cannot be returned due to health and hygiene reasons;
   5. If the Buyer cannot provide 6.2, 6.3. and the requirements of clause 6.4, the Internet store reserves the right not to pay the Buyer money for the returned Product.
   6. If the Buyer, after opening the package of the Order, has found that the Product is damaged and/or of poor quality, the Buyer must contact the online store’s customer support service with an application, to which a photo and description of the Product of inadequate quality is attached.on.
   7. When returning or exchanging the Product, the Internet store has the right to request to fill in the Product return or exchange form.
   8. When returning or changing a Product that does not conform to the Buyer’s Order, as well as the corresponding Product, in respect of which the Buyer exercised the right of refusal, the amount of money paid for the Product will be refunded to the Buyer’s account no later than 5 (five) working days from the day of the Product return. The Buyer will be refunded the Product delivery fee paid only if all Products delivered in one Order are returned. The amount of money for the returned Product, which the Buyer paid in cash, is returned to the bank account specified by the Buyer.
8. DISPUTES BETWEEN BUYER AND SELLER
   1. In cases where the Product causes damage to the Buyer’s health, the Buyer can send his claims with a description of the damage and supporting documents to the online store’s buyer support service. The customer support service of the online store undertakes to transfer the Buyer’s claim to the Product manufacturer and help the parties reach an agreement.
   2. If the Buyer and the Product manufacturer do not reach an agreement on a disputed issue, the Buyer has the right to apply to the Latvian Consumer Rights Protection Center for the resolution of the dispute.
   3. If the Buyer or the Product manufacturer does not agree with the decision of the Latvian Center for the Protection of Consumer Rights, the parties have the right to apply to the court of the Republic of Latvia, where the dispute is considered in accordance with the laws and regulations of the Republic of Latvia.
   4. Please note that the European Commission provides a platform for out-of-court alternative dispute resolution available at http://ec.europa.eu/odr.
9. RESPONSIBILITY AND DISCLAIMER OF LIABILITY OF THE INTERNET STORE
   1. Each provision of this Agreement, which provides for the limitation of liability or the exclusion of compensation for damages, shall be considered an agreed division of risks between the Online Store and the Buyer.
   2. The online store is responsible (and such liability is limited to actual damages) for:
      • gross negligence of the online store and its legal representatives;
      • Violation of essential contractual obligations of the online store and its legal representatives.
   3. To the extent permitted by applicable law, the Online Store or our partners who provide us with necessary services shall in no event be liable for simple negligence, incidental or consequential damages, loss of profits or other indirect damages arising out of or related to the Online Store, its services or to these Terms of the Agreement.
   4. The Online Store is not responsible for non-performance or delayed performance of obligations due to fire, flood, war, riots, strikes, lockouts, natural disasters, power outages, computer viruses or any other event beyond the Internet Store’s control.
   5. The online store does not control and does not guarantee the quality of any Seller’s Product, the accuracy of the Product description or the truthfulness of other related information. The contractual obligation of the Internet store is to provide the possibility to order Products in the Internet store. With all complaints about the Product manufactured by the Product manufacturer, the Buyer is obliged to contact the Product manufacturer himself.
   6. To the extent permitted by law, You will defend, indemnify and hold harmless the Online Store, its employees and affiliates from and against all third party claims, liabilities, damages and expenses, including legal expenses, arising out of or in any way related to Buyers’ access to the Internet store or its use and the use of the Product.
   7. The online store makes every effort to ensure that the Order is delivered to the Buyer at the time requested, but we do not assume any responsibility for non-compliance with this time if this non-compliance occurred due to the Buyer or other unavoidable or unforeseeable circumstances.
10. APPLICABLE LAW AND DISPUTE RESOLUTION
    1. Without prejudice to the application of mandatory consumer protection rules, these Terms are governed by the laws of Latvia.
    2. In the event that a dispute arises between the Buyer and the Online Store arising from the provisions of the Agreement, the Buyer has the right to appeal to us with a complaint, in written or electronic form, stating his name and contact information, the date of the complaint and the grounds for the complaint. We will respond to your complaint within 15 working days.
    3. If the dispute cannot be resolved through negotiations, each party can refer the said dispute to the court of the Republic of Latvia for decision, in accordance with the legislative acts of the Republic of Latvia.
11. INTELLECTUAL PROPERTY
    1. The content of the Internet Store, including but not limited to images, videos, logos, menus, web pages, graphics, colors, tools, designs, methods, functions and any software that helps the Internet Store to operate, is protected by copyright and all other our and the intellectual property rights of the respective rights holders. Full or partial content, as well as its reproduction in any form, is prohibited.
    2. Users of the online store are only allowed to view the online store and its content. Users are allowed to perform temporary reproduction activities only for personal use, which are temporary in nature and are an essential part of viewing the Internet Store and its contents. Please note that any author of works published in the Online Store has the right to claim the authorship of his work and opposes any distortion of the works or any other modifications, including works that may harm their honor or reputation.
    3. All trademarks that distinguish the Products sold in the Online Store are registered trademarks of their respective owners and are used in the Online Store to describe and advertise the Products. We and all other registered trademark owners have rights to the exclusive use of trademarks owned by us. Any illegal or unauthorized use of such trademarks is prohibited and carries serious legal consequences.
    4. Please contact us using this email address if you are interested in using links to the content of the Internet store on a publicly available web page info@pickaqua.com
12. TERMINATION AND TERMINATION OF THE AGREEMENT
    1. This Agreement is valid until its termination.
    2. You can terminate the Agreement at any time by terminating the registration in the Internet store (deleting the created account).
    3. If the Buyer terminates the Agreement, all current Product Orders will be automatically canceled and refunds will be made in accordance with the terms of application of the right of withdrawal (see the RIGHTS OF REFUSAL, PRODUCT RETURN AND EXCHANGE section). In order to receive a refund, the Buyer must notify the Internet store of the termination of the contract.
    4. The following conditions and prerequisites are sufficient for the Online Store to be able to limit, suspend or cancel the user’s and/or Buyer’s access to the Online Store, temporarily or permanently (in case of serious or repeated prohibited actions):
       • legal requirements;
       • reason to believe that the user and/or the Buyer is violating applicable laws;
       • breach of any requirement of the Agreement;
       • complaints about the user/Buyer,
       • the right of refusal has been used more than 3 times in a row;
       • the need to protect the social values ​​and subjective rights of individuals;
       • reason to believe that the user’s and/or the Buyer’s continuous use of the Internet store poses a threat to the Internet store or the safety of third parties;
       • The Online Store disputes the legal ownership of the Buyer’s Account and, acting reasonably, we are unable to determine the legal owner of the Online Store Account;
       • the user/Buyer behaves rudely and/or disrespectfully, talks or communicates in written language with the representative of the Internet store;
       • preventing fraud or other illegal activity.
    5. The provisions of this Agreement apply to the maximum extent permitted by applicable law. If any part of this Agreement becomes illegal, unenforceable or invalid, the remaining provisions will not be affected and will remain in effect.
13. BUYER SUPPORT SERVICE AND CONTACTS
    1. The Buyer can send his questions to the e-mail of the Internet store: info@ade.lv
    2. Communication with the Buyer takes place using the indicated electronic mail address or telephone: +371 67288249.
14. DATA PROCESSING AND PROTECTION
    1. The Buyer’s personal data will be used to identify the Buyer and receive the Order, make the delivery, maintain accounting records, including refunding the overpaid amount or returning the amount of money for the returned Product, as well as fulfilling other obligations arising from the laws and the Agreement. Detailed information on the processing of personal data can be found here.
15. CLOSING PROVISIONS
    1. The online store reserves the right to change the terms of the Agreement at any time, especially due to changes in the applicable laws and regulations. The last date on which the terms of the Agreement were modified is indicated at the beginning of these Terms. You can reject changes to the terms of the Agreement and terminate the Agreement by immediately terminating your registration in the Online Store (deleting the created account), as well as ceasing to use and access it. In this case, Your acceptance of the earlier versions of the Terms of the Agreement will remain in effect and will apply to any dispute between You and us. By continuing to access or use the Internet store and its services, you agree to the changes to the terms of the Agreement.
    2. If, in our opinion, the amendment of the Agreement is essential, the Internet store will notify the Users who have a registered account, 1 (one) calendar month before the amendments enter into force. Notwithstanding the foregoing provision, changes to these Terms that (i) are more favorable to the User; (ii) required by law; or (iii) related to the addition of a new service, additional functionality to an existing service; or (iv) does not reduce the User’s rights and does not increase the User’s responsibility – effective immediately if they are indicated in the notification of changes.
    3. The online store does not assume any risk or responsibility if the user and/or the Buyer is partially or completely unfamiliar with the terms of the Agreement.

PickAqua App Terms

PickAqua is an informative educational app about water. It is a convenient tool for water lovers, professionals, as well as for beginners who are just starting to get to know about the diverse world of water. Everyone here can get information and explanations on the different types of water, the composition, the impact on our health, manufacturers and their products, etc. We have also collected the basic information found on the label of each product and have given manufacturers the opportunity to add to it by revealing the specifics of their product.

PickAqua is the world’s leading app about water. It has been developed in close cooperation with the Water Sommelier Union, Germany.

PickAqua’s mission is to increase awareness about water, pay attention to the importance and diversity of water. The user can learn how to evaluate water according to different criteria and better understand the vast world of water. Deeper knowledge of different types of water makes it easier to find “your own” water, in order to maintain health and a lively spirit. We want to pay attention to the importance of having clean water for each of us, so that everyone can use it more from day to day.

iPerformance (Information Performance)

iPerformance (Information Performance) is the manufacturer’s openness index. Please note that this is not related to water quality! It is merely a numerical indicator from which to judge how much information the manufacturer would like to share about their products on the PickAqua app. It is the coefficient of a quotient of the amount of information submitted, expressed in figures. The higher the number, the more information we can get about each type of water, such as additional analyses that are not indicated on the product label, medical research, photos and videos from the water extraction site etc., and other valuable information.

The catalogue

Here you can find basic information about all of the water products on the PickAqua app, which is visible on the label of each product, as well as additional information that the manufacturer wishes to communicate to the user. The catalogue is for informative purposes only, and the information contained therein may sometimes differ from the labelling of the product in cases where the composition of the water has changed and/or the manufacturer has not yet given notification of the changes.

Comparison

In this section, you can compare different types of water.  Comparison criteria are developed on the basis of information provided by the manufacturer. For example, you can compare the water by various chemical elements indicated by the manufacturer on the label of the bottle or by provided additional information.

Search

User can search for water according to their own selected criteria, interests and priorities.

Water Top

The Water Top is formed exclusively from the individual parameters of the water. For example, the Top most mineralised water, Top lightly mineralised water, Top most viewed or Top most commented water, etc.

Barcode Scanner

This section is used for quick search of specific water using a barcode on the bottle. In order for this feature to work properly, we need to access your smartphone’s camera at the moment when the bottle is being scanned. The camera only scans the barcode on the bottle and identifies it with a certain brand of water by comparing the scanned barcode in our database. No photo or video content is being collected.

Main menu

Here you can find both educational and entertaining information about the water products.

Positioning

We have grouped the water products according to their potential effect and mineral composition. The manufacturer provides us with written justification as to why their water should be in a particular group. If water has the proper composition and properties, PickAqua evaluates and places this product in a specific group or in several groups. For example, only water containing less than 20 mg/l sodium (Na) and meeting other criteria for this water group may be present in the group of water for infants. Another example, if the water contains more than 50mg/l Magnesium it is considered as water that contains Magnesium. Knowing that Magnesium is involved in many processes of health, we do recommend such water for specific goals where Magnesium could play a role. These are not health claims, these are solely informative recommendations in what we believe that the water might bring us.

The recommendations in this section are for your information only and cannot be considered as medical aid or health claims. Before using any water/ medicinal mineral water, it is advisable to consult with your doctor, as you would before using any drugs. If you perform any physical and/or health improvement activities or significant changes in your diet, including the choice of water, it is solely your responsibility and risk.

It is advisable for you to get appropriate consultation about the health claims of certain foodstuffs, including water, by recognised authorities. Talk to a qualified doctor, nutritionist, or health expert about health claims or nutrition and ask your doctor if you are worried about your health or nutrition or if you plan to change your diet, including the choice of water.

If the water on the PickAqua app is located in one of the positioning groups, it is because this water contains minerals that could possibly improve or balance some of the body’s functions.

Long-term clinical trials have not been conducted for most of the water products, so water-use recommendations should only be considered as a manufacturer’s recommendation, not a medical statement.  For the water products that have been clinically studied, manufacturers will write about it on their homepage.

All information on the PickAqua app has been prepared solely by the manufacturer. It has been presented by the manufacturer on their PickAqua profile and they are responsible for the accuracy of the information provided.

PickAqua does not warrant that the product composition and nutritional recommendations on this app are correct. We do not perform actual water analysis, we only use the information provided by the manufacturer. All responsibility for the accuracy of the information and compliance with the law is assumed by the manufacturer when providing us with the documentation – analysis, justification articles and research.

Water Analyser

The user enters mineral composition from the label into the Water Analyser. After that analyzing the mineral composition of water, PickAqua displays the possible use varieties according to the information that was provided by the end-user into the Water Analyser.
If water has a mineral in a specific amount PickAqua evaluates and places this product in a specific group or several groups of positioning. For example, if the water contains more than 50mg/l Magnesium it is considered as water that contains Magnesium. Knowing that Magnesium is involved in many processes of health, we do recommend such water for specific goals where Magnesium could play a role. These are not health claims. PickAqua does not warrant that the product use recommendations on this app in general and in the water analyzer are correct. It has only a gamification role that explains the end-user that different mineral compositions might have different nutritional effects. We do not perform actual water analysis, the user uses only the information provided on the label. All responsibility for the accuracy of the information on the label and compliance with the law is assumed by the manufacturer.
The recommendations in this section are for your information only and cannot be considered as medical aid or health claims. Before using any water/ medicinal mineral water, it is advisable to consult with your doctor, as you would before using any drugs. If you perform any physical and/or health improvement activities or significant changes in your diet, including the choice of water, it is solely your responsibility and risk.
It is advisable for you to get appropriate consultation about the health claims of certain foodstuffs, including water, by recognized authorities. Talk to a qualified doctor, nutritionist, or health expert about health claims or nutrition and ask your doctor if you are worried about your health or nutrition or if you plan to change your diet, including the choice of water.
If the water on the PickAqua app is located in one of the positioning groups, it is because this water contains minerals that could possibly improve or balance some of the body’s functions.
Water-use recommendations should NOT be considered as a medical statement. For the water products that have been clinically studied, manufacturers will write about it on their homepage.

Water Calculator

It is recommended for an adult person to drink 1,5-2 liters per day in general. The water calculator recommends the approximate recommended amount of water daily intake calculated by 33ml per 1kg of a person’s weight and depending on the activities and weather conditions it may variate. Daily water intake goal from the calculator should only be considered as a recommendation and not absolutely required. A person should always consult with a doctor about the necessary water intake amount, as for different persons the amount of water intake can be very different.
The daily mineral amount that is shown in percents is calculated from the average daily recommendation, and it does not mean that a person should consume only water to reach this recommended daily mineral intake.  On the contrary, it is possible for one to damage one’s health if drinking for a long period of time only highly mineralized water in large amounts daily.     Therefore it is very important always to read the recommendations what the water producer has displayed on their PickAqua page.

Content and Graduation

PickAqua content is primarily formed on the basis of European Union and German norms and the categorisation of water categories Water standards may vary in different countries; therefore, the classification of water is judged by the rules of one central state, where the water culture is the most advanced, and recommendations from the Water Sommelier Academy, Germany.

Gradations not regulated by national legislation, such as: Purity – is based on the total amount of nitrates in bottle waters. The gradation is made based on the minimum, average and maximum values which are calculated from the available information on the bottle or provided by the manufacturer.

Gradation is performed by dividing the water products into groups by the amount of nitrates. The smaller the amount of nitrates in the water, the cleaner it is. For example, if 10% of the total bottled water nitrate amount is less than 1 mg/l, such water products are placed in the group with the highest purity rating. According to the above, water products containing 1-4 mg/l nitrates are considered as very good clean water compared to the maximum requirements for drinking water. In EU norms for drinking water, the maximum amount of nitrates (NO3) is set to NO3 < 50 mg/l, and the maximum amount of nitrates in children’s water NO3 < 10 mg/l is taken as the average maximum.

A similar principle is used for other groups. The content of PickAqua is only informative, and these standards can vary dramatically in different countries, especially outside the EU. Each person evaluates what kind of water norms and gradations to navigate.

Other terms

PickAqua app may contain third-party ads and references.

PickAqua may remove water from the catalog without the consent of the manufacturer if PickAqua finds that the information provided by the manufacturer is incorrect and/or misleading to the consumer.

The data appearing on PickAqua and what is actually written on the label of the bottle may only differ if the manufacturer has provided fresh water analyses indicating a change in certain ingredients in the water that may be significantly different from the existing information that is written on the bottle. For example, if the control analysis for water certification was carried out 3 years ago and these results are indicated on the bottle according to the Ministry of Health’s certificate, but the water producer has provided fresh analyses, then PickAqua will post the latest data, which is received from a nationally certified laboratory provided by the manufacturer. Such changes to the data may only be made in relation to substances that are not hazardous to human health.

The terms and conditions of use of PickAqua may be modified, supplemented or corrected, and will take effect from the moment they are published on the PickAqua app.

As a web, App and our service user, you do not have the right to share your access codes of your profile for third parties.

I agree that available basic information such as brand name, photo, water mineral composition, place of origin, category, carbonation, average price and other information which can be found on the bottle in exceptional cases may be published on the App without payment. By registering the water, I agree that PickAqua can publish the information found on the product label.

PickAqua user rights and obligations

A PickAqua user may not modify, copy, reproduce, republish, send, distribute any information related to the content of PickAqua, including its software and code, without the written permission of the developer.

A PickAqua user may use the information for non-commercial purposes in accordance with the copyright law without the permission of the developer, indicating the reference to the PickAqua app and placing its logo. In the event of a failure to comply with the above rules or the responsibilities of PickAqua users, it is considered that PickAqua’s copyright has been violated and, depending on the nature or consequences of the offense, the offender is referred to the statutory administrative or criminal liability.

Registered users can comment and express their subjective opinions about products. PickAqua is not responsible for the content of the comments made by users and their consequences. PickAqua reserves the right to delete offensive, false or provocative comments.

Profiling

PickAqua Services are based on a profound knowledge of best practice with regard to health. PickAqua cooperates with nutritionists, personal trainers, Water experts to stay on top of the latest research and science. In addition, PickAqua analyzes the usage of the Services, in order to provide you as a user with the most relevant features of the Services as possible with regard to your personal goals. In analyzing the usage of the Services, PickAqua will process certain data for so-called profiling. Profiling means the processing of your and other users’ personal data to analyze or predict aspects of your use of the Services, behavior and, location in reaching your health goal. The data processed will be user habits where we will track actions taken by you such as when you move between screens, press buttons and take actions on the Services. The purposes of the profiling is to monitor how engaged users are in different features of our Services, find out ways to make the Service more effective (fit for purpose) and vary the features or content to better match your individual usage patterns and preferences.

The profiling of your data can also be used as the basis for marketing towards other new potential customers on other platforms than the PickAqua Services, such as other social media platforms. Please note that this so called look-a-like-process of recruiting new customers does not mean that you will receive any marketing. Nor does it mean that any other third parties will gain access to your data for any other purpose than for PickAqua to reach new customers, i.e. third party providers (for example social media) will only process your data on behalf of PickAqua as processors, see further under transfer of data below.

PickAqua processing of your personal data for profiling purposes as described above, does not require any consent as a legal ground to be processed. If this should be the case, i.e. if, under relevant personal data regulation, consent is required for the use as described above, you hereby give your consent to PickAqua using your personal data as defined above for profiling, for the purpose of improving the Services and for providing customer support.

Customer relationship as a legal ground

It should be noted that marketing sent by PickAqua to you on the basis of a customer relationship as a legal ground for processing personal data, does not require a consent. Such data will be processed and used in compliance with relevant personal data regulation.

The Processors responsible for processing these data:

Service provider – PickAqua.

Personal data controller

Responsible for the processing of your personal data is:

Company name: Water Embassy SIA

Registration Nr: LV 40103323593

Address:Lacplesa 87a, Riga, Latvia, LV1011

E-mail: hello@pickaqua.com

Copyright

Intellectual property

All rights in and to the Services, including any trademarks, service marks, trade names and copyrighted content (collectively “Intellectual Property”) presented within the Service are the property of PickAqua and/or third parties. You agree not to use Intellectual Property for any other purposes except for your use of the Service unless required otherwise by applicable mandatory law. By downloading this application you agree to all terms of use.

On the PickAqua App and pickaqua.com website, published content (materials) is protected in accordance with the German Copyright Law. It is strictly forbidden to copy, reproduce, republish, distribute, translate, or otherwise engage in any material published by PickAqua without the written permission of PickAqua. If written permission from PickAqua has been received, the reference to PickAqua must be indicated.

Enjoy the app! We are confident that this app will help you to get to know about the diversity of the water and how to use it effectively. Stay hydrated! And remember – Life is spirit in water!