user terms

Humanlinker is The Only GDPR Compliant Sales & Revenue Software

It's a strong declaration, we admit. Dive into our user terms to see the foundation of our confidence.

Last Updated: April-25-2023

GTC - Chrome Extension

1. Purpose

These general conditions define the terms and conditions of use of the Chrome Extension Humanlinker and the rights and obligations of the Parties in this context.
They are accessible and printable anytime by a direct link on the website www.humanlinker.com.
They can be completed, if necessary, by specific conditions of use for certain Services. In the event of contradiction, the specific conditions shall prevail over these general conditions.

2. Operator of the Services

The Services are operated by the Humanlinker company, whose head office is located at 7 RUE MEYERBEER - 75009 PARIS and offered to the User represented as any individual or legal entity acting on its behalf, making a purchase of Product (and Software) or being in test period on Humanlinker. 

The present general conditions are subject to French law to exclude any other law.Humanlinker can be contacted at the following address:

Postal address: 7 RUE MEYERBEER - 75009 PARIS

Email address: contact@humanlinker.com

3. Access to the Site and Services

The Services are accessible, subject to the restrictions set out on the website:

Any natural person with the full legal capacity to enter into commitments under these general conditions. A natural person who does not have full legal ability may only access the site and the Services with the Agreement of their legal representative;

any legal person acting through a natural person with the legal capacity to contract in the name and on behalf of the legal person.

4. Acceptance of the general conditions

Accepting these general conditions is materialized by your registration on humanlinker.com via the Registration form. This acceptance can only be complete. Any adhesion under reserve is considered null and void. The User who disagrees to be bound by these general conditions must not use the Services.

5. Registration on the website

5.1

The Services require the User to register on the site by filling in the form provided for this purpose. The User must provide all the information marked as mandatory. Only complete registration will be validated.

Registration automatically leads to the opening of an account in the name of the User (hereinafter: the "Account"), giving them access to a personal space (hereinafter: the "Personal Space") that allows them to manage their use of the Services in a form and according to the technical means that Humanlinker deems most appropriate to render the said Services.

The User guarantees that all the information they give in the registration form is accurate, up-to-date, sincere, and not misleading.

They undertake to update this information in their Personal Space in the event of modifications so that it always corresponds to the criteria mentioned above.

It is the User's responsibility to check whether the general conditions have changed.

5.2

The User may access his Personal Space anytime after identifying himself using his login and password.
The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf unless he bears full responsibility.

He is also responsible for maintaining the confidentiality of his login and password. He must immediately contact Humanlinker at the address mentioned in Article 2 of the present document if he notices that his Account has been used without his knowledge. He acknowledges Humanlinker's right to take all appropriate measures in such a case.

6. Description of the Services

The User has access to the Services described on the site, in a form and according to the functionalities and technical means that Humanlinker considers the most appropriate.

7. Paid services

7.1 Prices

The price of the Services is indicated on the site. The Services are, by definition, monthly recurring plans with regular monthly payments OR annual systematic plans with recurring yearly payments.
Unless otherwise stated, they are expressed in euros and include all taxes.

Humanlinker reserves the right, at its free discretion and according to the terms and conditions of which it shall be the sole judge, to propose promotional offers or price reductions.

7.2 Price review

The price of Services may be revised by Humanlinker at any time, at its free discretion.

The User will be informed of these modifications by Humanlinker by email at least 30 days before the new prices come into effect.

The User who does not accept the new prices must terminate his use of the Services in accordance with the terms of Article 18. Otherwise, the User will be deemed to have accepted the new prices.

7.3 Billing

The Services are subject to invoices communicated to the User by any useful means.

7.4 Terms of payment

The terms of payment of the price of the Services are described on the site. Payment is made by direct debit using the User's bank card number. The Direct debit is implemented by the payment provider designated on the site, which keeps the User's bank details for this purpose. Humanlinker does not keep any bank details.

The User guarantees Humanlinker that they have the necessary authorizations to use the chosen payment method. They undertake to take the required measures so that the automatic debiting of the price of the Services can be carried out.

7.5 Delays and Incidents of Payment

The User is hereby informed and expressly accepts that any delay in payment of all or part of a sum due on its due date shall automatically entail, without prejudice to the provisions of Article 12 and prior formal notice :

(i) the forfeiture of all sums due by the User and their immediate payment;
(ii) the immediate suspension of the Services in progress until full payment of all sums due by the User;

7.6 Reimbursement

Because the Services are digital services delivered via the Internet, Humanlinker does not offer any refund once the subscription has been paid except in the following exceptional case: A pro-rata refund (between 5 and 10 days) of the time of use will be made for the case where the User chooses a higher annual offer.

Subject to the right of withdrawal provided for in the article "Specific conditions for Consumers", the prices are due in full, the Customer not being able to claim any refund in the event of non-use, partial use, suspension or cessation of use of the Services before the end of the Period of Use. This is without prejudice to the possibility for the Client to engage the responsibility of Humanlinker under the conditions provided for in the article "Responsibility" if this situation results from a failure by Humanlinker to perform its obligations.

8. Data

(i) that the data collected on the site and Humanlinker's computer equipment are proof of the reality of the operations carried out within the present framework; the User can access these data in his Personal Space. Humanlinker does not give or distribute your password to third parties.

Unless otherwise stated, they are expressed in euros and include all taxes.

9. Obligations of the User

Without prejudice to the other obligations set out herein, the User undertakes to comply with the following obligations:

9.1

The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order. Humanlinker cannot be held
responsible for this.

9.2

The User acknowledges that they have taken note of the characteristics and constraints, particularly technical, of all the Services on the site. He is solely responsible for his use of the Services.

9.3

The User is informed and accepts that the implementation of the Services requires that they be connected to the Internet and that the quality of the Services depends directly on this connection, for which they are solely responsible.

9.4

The User undertakes to make strictly personal use of the Services. Consequently, they shall not assign, grant or transfer all or part of their rights or obligations hereunder to a third party in any manner whatsoever.

9.5

The User undertakes to provide Humanlinker with all the information necessary for the proper execution of the Services. More generally, the User undertakes to cooperate actively with Humanlinker for the proper execution of the present.

9.6

The User acknowledges that the Services offer an additional but not alternative solution to the means they already use to achieve the same objective and that this solution is not a substitute for these other means.

9.7

The User must be a human 13 years of age or older to use the Services. Accounts registered by "bots" or other automated methods are not permitted.

9.8

The User may not have more than one free Account.

9.9

A legal entity may have up to five (5) User accounts with the same domain name, representing the same Company. Once this limit is exceeded, Users will be obliged to subscribe to the superior offer (Team) presented on the humanlinker.com website.

10. User's guarantee

The User guarantees Humanlinker against any complaints, claims, actions and demands that Humanlinker may suffer as a result of the User's breach of any of its obligations or guarantees under these general conditions.

The User undertakes to compensate Humanlinker for any prejudice it may suffer and to pay all costs, charges and sentences it may have to bear as a result.

11. Prohibited behaviour

11.1

It is strictly prohibited to use the Services for the following purposes:

- carrying out illegal or fraudulent activities or activities that infringe the rights or safety of third parties,
- the violation of public order or the violation of laws and regulations in force,
- intrusion into the computer system of a third party or any activity of a nature to harm, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security,
- aiding or abetting, in any form or manner, one or more of the acts and activities described above,
- and generally, any practice that misuses the Services for purposes other than those they were designed.

11.2

It is strictly forbidden for Users to copy and divert for their purposes or those of third parties the concept, technologies or any other element of the Humanlinker site, except for the elements provided with a dedicated call to action.

11.3

The following are also strictly prohibited (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into Humanlinker's systems, (iii) any misappropriation of the site's system resources, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructure, (v) any infringement of security and authentication measures, (vi) any act likely to infringe the rights and financial, commercial or moral interests of Humanlinker or users of its site, and finally more generally (vii) any breach of these general conditions.

11.4

It is strictly forbidden to monetize, sell or license all or part of the access to the Services or the site, as well as to the information hosted and shared therein, without having been mandated to do so by a partnership agreement.

12. Penalties for non-compliance

In the event of a breach of any of the provisions of these terms and conditions or, more generally, a violation of the laws and regulations in force by a User, Humanlinker reserves the right to take any appropriate action and, in particular, to :

(i) suspend or terminate the access to the Services of the User who committed or participated in the breach or violation,

(ii) remove any content posted on the site,

(iii) publish on the site any information message that Humanlinker deems useful,

(iv) notify any relevant authority,

(v) initiate any legal action.

13. Humanlinker's liability and warranty

13.1

Humanlinker undertakes to provide the Services with diligence, and according to the rules of the art, it is specified that it has an obligation of means, to the exclusion of any responsibility of result, which the Users expressly acknowledge and accept.

13.2

Humanlinker undertakes to carry out regular checks to verify the functioning and accessibility of the site. In this respect, Humanlinker reserves the right to interrupt access to the site for maintenance reasons temporarily. In the same way, Humanlinker cannot be held responsible for difficulties or temporary impossibilities of access to the site which would have for origin circumstances which are external to it, the force majeure, or which would be due to disturbances of the telecommunication networks.

13.3

Humanlinker does not guarantee to the Users (i) that the Services, subject to constant research to improve their performance and progress, will be free of errors, defects or faults, (ii) that the Services, being standard and by no means proposed for the sole intention of a given User according to his constraints, will specifically meet his needs and expectations.

13.4

In any case, the liability that Humanlinker may incur under this Agreement is expressly limited to the direct damage suffered by the User.

14. Intellectual Property

The systems, Software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by Humanlinker within site are protected by all intellectual property rights or rights of producers of databases in force. All disassemblies, decompilations, decryptions, extractions, reuses, copies and, more generally, all acts of reproduction, representation, diffusion and use of any of these elements, in whole or in part, without the authorization of Humanlinker are strictly prohibited and may be subject to legal proceedings.

15. Personal data

For any processing of personal data carried out about this contract, Humanlinker and the User will comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), as well as with any additional rules applicable to personal data in France (hereinafter "GDPR").

Each party represents and warrants to the other party that it will comply strictly with the GDPR regarding any processing of personal data carried out in connection with this Agreement.

Notwithstanding any clause to the contrary, the parties shall not incur any contractual liability under this Agreement to the extent that compliance with the GDPR would prevent them from performing any of their obligations.

16. Duration of the Services, deregistration

The Services are subscribed to for an indefinite period. You can unsubscribe from the Services at any time. The User can unsubscribe from the Services anytime from his Humanlinker profile by filling in a form provided for this purpose. The unsubscription is effective immediately. It leads to the automatic deletion of the User's Account.

17. Amendments

Humanlinker reserves the right to change these terms and conditions at any time. It is the User's responsibility to check if the general conditions have changed. The User who does not accept the modified general terms and conditions must unsubscribe from the Services according to the procedures provided in Article 18. Any User who uses the Services after the entry into force of the modified general conditions is deemed to have accepted these modifications.

18. Language

In the event of a translation of these general terms and conditions into one or more languages, the interpretation language shall be French and English in case of a contradiction or dispute over the meaning of a term or provision.

19. Applicable law and jurisdiction

In a dispute concerning the validity, interpretation and execution of these general terms and conditions, the parties agree that the French courts shall have exclusive jurisdiction to rule on the matter, except for mandatory procedural rules to the contrary.

20. Entry into force

These general conditions came into force on 01/05/2023.

Data Protection Addendum

1. Introduction

The purpose of the Data Protection Annex (hereinafter "DPA or "Agreement") is to govern the use of personal data of the Client, who acts as the controller (hereinafter the "Client"), by Humanlinker, who acts as the Processor (hereinafter the "Processor") within the framework of the contract (hereinafter the "Contract").

The DPA is an integral part of the Contract signed between the Client and the Processor. In the event of any inconsistency between the Contract and the DPA, the obligations set forth in the DPA shall prevail with respect to the applicable data protection rules.

All data protection terms used in the DPA (e.g. controller, processor, etc.) are defined in Article 4 of the General Data Protection Regulation ("GDPR").

2. Declaration

The Processor declares that it complies with all applicable data protection rules included in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("GDPR") and Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, together referred to as the "applicable data protection rules".

The Processor undertakes that it has all sufficient safeguards to meet the requirements of applicable data protection rules and, in particular, to guarantee the confidentiality and protection of Client's data.

The Processor declares that all of its employees who process the Client's personal data are bound by a confidentiality agreement or by any other legal document (e.g. rules of good conduct, information systems charter, etc.) that guarantees the confidentiality of the Client's personal data.

The Processor declares that it regularly train and educate its employees on the applicable data protection rules.

3. Instructions

The Processor agrees to use the Client's personal data only upon documented instructions from the Client.

The Client undertakes to inform the Processor of any changes in the instructions that may be carried out regarding the use of its personal data.

The Processor shall promptly notify the Client if the Client's documented instructions constitute a violation of applicable data protection rules.

4. Privacy by default and by design

The Processor shall provide its service as is, in compliance with (i) service compliance by design and (ii) service compliance by default.

The Processor provides a service with all functionalities enabling the Client to meet its obligations as a data controller.

Accordingly, the Processor shall never be liable for Client's non-compliant use of the Service_.

5. Security

The Processor undertakes to ensure the security of the Client's personal data and to implement all technical and organizational measures necessary to prevent any risk of data breach.

6. Breach of data

The Subcontractor undertakes to notify the Client, as soon as possible and within 48 working hours of becoming aware of any breach of data which may concern the Client's personal data.

The Processor undertakes to provide the Client, in accordance with the provisions of Article 28 of the GDPR, with all information necessary for the Client to process the data breach.

In the event of a data breach, the Processor agrees to take all necessary steps to remediate and diminish the impact of the breach on Client's personal data.

Unless the Client has given its express prior written consent, the Processor is not authorized to take charge of data breach notifications to the French supervisory authority, the CNIL. Similarly, the Processor is not, as a matter of principle, authorized to inform on behalf of the Client the persons concerned by the processing carried out under the Contract.

7. Help and assistance in matters of security

The Processor shall provide the Client, upon written request, with all necessary and required information on the technical and organizational security measures to be implemented to guarantee the security of its personal data.

The Processor shall provide to the Client, upon written request, all information necessary and required to ensure the completion of an impact analysis ("PIA ") directly related to the service provided.

The Processor shall not be obliged to ensure or audit the Client's security or to carry out impact analyses ("PIA") in the place and on behalf of the Client. Any additional request for information may be refused and, if necessary, an additional service may be charged.

8. Help and assistance in matters of rights of data subjects

Upon written request, the Processor shall provide the Client with all information necessary and required for the Client to fulfill its obligation to respond to requests of data subjects.

The Processor shall, upon written request from the Client, perform the technical actions to be undertaken in order for the Client to fulfill its obligation to respond to requests from data subjects.However, the Processor is not obliged to manage requests for personal rights in the place and on behalf of the Client.

Any additional request to ensure such management may be refused and, possibly, an additional service charged.

9. Subprocessors

The Client generally agrees that Processor may engage Subprocesors in the performance of the Service provided that the Client is notified of any changes in such Subprocessors during the performance of the Service.

The Client may issue objections by registered letter with return receipt if (i) the Subprocessor is one of its competitors, (ii) Client and the Subprocessor are in a dispute or litigation situation, and (iii) the Subsprocessor has been the subject of a condemnation by a Data Protection Supervisory Authority within one year of its recruitment by the Processor. Each of these situations must be demonstrated.

In the event that the objection is sustained, the Processor shall have 6 months from receipt of the objection to modify the Subsprocessor or to ensure compliance with applicable data protection rules by such Subprocessor.

In all cases, the Processor agrees to engage only Subprocessors who have the necessary and sufficient guarantees to ensure the security and confidentiality of Client's personal data.

As such, the Processor agrees to (i) control its subsequent Subprocessors and (ii) that the contract with the subsequent Subprocessors used in the service will contain obligations similar to those in the DPA.

In any event, the Processor shall remain liable for the actions of the Subprocessor under the Agreement.

10. Fate of personal data

The Client shall inform the Processor, in writing prior to the end of the business relationship, of its choice (option 1) to return the personal data to the Processor and then delete the personal data and all existing copies, or (option 2) to delete the personal data and all existing copies directly, or (option 3) to transfer the personal data to a new provider and then delete the personal data and all existing copies. Unless otherwise provided for in the Agreement, option 3 must be quoted by the Client.

If the Client does not inform the Processor of its choice, the Processor will directly delete the Client's data and all copies (option 2) at the end of the business relationship.

The deletion of data is irreversible. The Client is therefore invited to recover its data before the service is stopped. In case of deletion of the Client's data by the Processor, the Customer remains solely responsible for the disappearance of the data and any consequences that may occur.

The Processor shall certify to the Client, upon written request, the effective deletion of the personal data and all existing copies.

11. Audits

The Client has the right to conduct an audit in the form of a written survey once a year to verify compliance with this Agreement. The survey shall have the force of a sworn undertaking binding on the Processor.

The survey may be communicated in any form to the Processor, who undertakes to respond within a maximum of two months of receipt.

The Client also has the right to conduct an on-site audit, at its own expense, once a year only in the event of a data breach or failure to comply with applicable data protection rules and this DPA, including as established by the written survey.

An on-site audit may be conducted either by the Client or by an independent third party designated by the Client and must be notified to the Processor in writing at least thirty (30) days prior to conducting the audit.

The Processor has the right to refuse the selection of the independent third party if the independent third party is (i) a competitor or (ii) in pre-litigation or litigation with the Processor. In such case, the Client agrees to select a new independent third party to perform the audit.

The Processor may refuse access to certain areas for reasons of confidentiality or security. In this case, the Processor will audit these areas at its own expense and report the results to Client.

In the event of any breach found during the audit, the Processor agrees to implement, without delay, the measures necessary to comply with this Agreement.

12. Transfers of data outside the European Union

The Processor undertakes to use its best endeavours to not transfer personal data of the Client outside the European Union or to recruit a subsequent Processor located outside the European Union.

Nevertheless, in the event that such transfers prove necessary in the context of the Contract, the Processor undertakes to implement all the mechanisms required to govern such transfers, such as, in particular, entering into the Standard Contractual Clauses ("SCCs") adopted by the European Commission.

13. Cooperation with the supervisory authority

Where this concerns processing carried out within the framework of the Contract, the Processor undertakes to provide, on request, all the information necessary for the Client to cooperate with the relevant Data Protection Supervisory Authority.

14. Contact

The Client and the Processor shall each appointed an interlocutor who shall be in charge of this DPA and who shall be the recipient of the various notifications and communications to be made under the DPA.

The Processor informs the Client that it has appointed Dipeeo as its Data Protection Officer, who can be contacted at the following address
- Email address: dpo@humanlinker.com
- Postal address: Dipeeo SAS, 95 avenue du Président Wilson, 93100 Montreuil, France
- Phone number: +00 33 (0)9 86 23 21 29

15. Review

The Processor reserves the right to modify this Agreement in the event of changes in applicable data protection regulations that would alter any of its provisions.

16. Applicable law

This Agreement shall be governed by French law. Any dispute relating to the execution of this Agreement shall be subject to the exclusive jurisdiction of the courts of the Court of Appeal of the place of residence of the Subcontractor.

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