Salesmanago

Terms Of Use

 

These Terms of Use define the legal framework for the use of the SALESmanago – Marketing Automation Platform.

§§1. Definitions

  1. Terms of Use – these terms of use.
  2. SALESmanago – Online Marketing Automation Software.
  3. User – you, provided you have the legal capacity to form a legal contract (you are an adult) or are a minor over the age of 13 and have accepted these Terms of Use.
  4. User’s Account – account enabling the use of the Service understood as the use of a fully paid package.
  5. User profile – an arrangement that can store information, made available by the Operator within the ICT system, that enables the User to enter, store and modify data necessary for proper usage of the features of SALESmanago. This information is provided to SALESmanago voluntarily and solely by the User.
  6. Services – electronic services within the meaning of the Electronic Provision of Services Act of 18 July 2002 (Journal of Laws of 9 September 2002) available through user accounts.
  7. Website – (www page) a document developed in one of SGML language types (HTML, XML, PHP) downloaded from an Internet server and interpreted by the User by means of a browser (one www. address).
  8. The Operator – Benhauer Sp. z o.o., Grzegórzecka 21, 31-532 Kraków, POLAND Tax Identification Number: 676 244 77 54 REGON: 122334666.

§2. Declarations of the Operator and the System User

  1. The Operator confirms that he is in possession of all and any technical means and infrastructure required for cooperation under these Terms of Use for all users of the SALESmanago.
  2. Users of the SALESmanago declare that they will not use SALESmanago in a way that could constitute violation of generally accepted norms and rules of social coexistence.

§3. Operator’s rights and obligations

  1. The Operator shall have the right to block access to the account of any user infringing any provisions contained herein as well as to terminate the agreement concluded by accepting these Terms of Use.
  2. The Operator shall have the right to block access to the account of any user violating generally accepted norms and rules governing the use of services of this kind.
  3. The Operator will make every effort to ensure the highest possible standard of services available within the SALESmanago System.

§4. Registration and acceptance of the Terms of Use

  1. User registration and acceptance of terms and conditions are required for the use of the system.
  2. All prices, terms and conditions are available on the User Acount, on the homepage and subpages of the system.
  3. By accepting these Terms of Use, the User acknowledges that:
    • a. all details entered in the registration form are complete, true and correct,
    • b. he has given consent for his personal data to be processed by the Operator,
    • c. he has agreed to receive VAT invoices generated by the service provider in an electronic format, via email,
    • d. he has given the Operator his express consent to make use of his personal data for administration, statistics or marketing purposes, in accordance with the Personal Data Protection Act of 29.08.1997 as amended (Journal of Laws of 2002, no 101, item 926 as amended), including his consent to receive commercial information delivered by the Operator to the e-mail address or mobile phone submitted during registration, in accordance with provisions of the Electronic Provision of Services Act of 18 July 2002 (Journal of Laws of 2002, no 144, item 1204).

§5. Complaints procedure

  1. User complaints regarding the Operator’s failure to perform provisions of the Contract or his undue performance of any contractual provisions shall be sent to the Operator electronically at the following address: info@salesmanago.pl and should contain in particular:
    • a. User’s contact details,
    • b. reasons for submitting the complaint,
    • c. a description of circumstances forming the basis of the User’s complaint.

§6. User’s obligations

  1. The User shall be obligated to:
    • a. notify the Operator of any changes to data required for billing and other settlements subject to effective delivery of any relevant e-mail messages to a non-updated address,
    • b. observe these Terms of Use,
    • c. observe generally applicable legal provisions,
    • d. observe any rights of third parties.

§7. Technical and content-related limitations

  1. The Operator excludes its liability for any delays in Service operation due to circumstances beyond his control, these being in particular delays resulting from technical problems of the Internet network or telecommunications links and thus no availability or applicability parameters can be guaranteed.
  2. The Operator excludes his liability for:
    • a. any damage related to third party interference, faulty operation of external factors or other systems (e.g. telecommunications grids) beyond the Operator’s control,
    • b. any damage resulting from the occurrence of force majeure,
    • c. any damage resulting from unauthorized access to the User’s Account or Profile resulting from your negligence,
    • d. any damage resulting from the User’s failure to observe these Terms of Use,
    • e. any damage resulting from incorrect transfer of data within the system, incorrect record or receipt of messages as well as any loss of data contained in transferred messages,
    • f. damage to the User resulting from risk factors characteristic of the Internet, including system attacks or the User’s system becoming infected with malicious software.
  3. The Operator reserves the right to:
    • a. periodically disrupt the availability of the Service for the purpose of its expansion or maintenance,
    • b. immediately terminate the provision of services should the User breach these Terms of Use,
    • c. change Account or User Profile parameters, including Service features and functionalities,
    • d. terminate provision of services at any time, by closing the entire Service or any of its parts, subject to prior placement of relevant notification on the Service website.

§8. Confidentiality

  1. The Operator can disclose personal data of the System Users in circumstances provided for in the Personal Data Protection Act of 29.08.1997 as amended (Journal of Laws of 2002 no. 101, item 926 as amended).
  2. The User Account Database is protected by law. Personal data stored in this database is administered by the Operator. Each User shall have the right to:
    • a. access their data processed by the Operator,
    • b. amend any such data,
    • c. request that personal data processing be terminated by removing any such data from the User Account Database.
  3. The Operator shall exercise due diligence when securing the confidentiality of any and all data received from the User, regarding any business partners and contractors of the User as well as any campaigns launched by the User by means of the SALESmanago System.
  4. The above-mentioned confidentiality requirement does not cover situations in which:
    • a. the data is commonly known,
    • b. the data have been disclosed with the User’s consent,
    • c. the data have been disclosed upon receiving a relevant request from an official body, subject to any applicable legal provisions.
  5. The Operator commits to never disclose the information entered and stored by the User on the User’s Account in the system, in particular contact details. The User exclusively owns all data on the User’s Account within the system. The Operator ensures the safety of the data stored in the system, in accordance with applicable legal regulations.
  6. The Operator commits to use the data entered into the system by the User for no other purposes other than the pursuit of activities applicable to providing the Services.
  7. The User entrusts the Operator with the customers’ and the potential customers’ contact details of the User especially regarding: name and surname, email address, telephone number, IP address, behavioral data.
  8. The Operator is obliged to process the entrusted contact details only for the purposes of performing the service – the possibility of using SALESmanago on the basis of the documented orders of the User that also apply to passing the contact details to the third country or international organization.
  9. At the written request of the User, the Operator is obliged to provide information concerning processing the entrusted personal data, including the technical and organizational details used for data processing in the scope covered by the User’s request.
  10. The Operator shall inform the Controller prior to the commencement of processing of data on the implementation of a possible legal obligation consisting of the transfer of personal data to a third country or an international organization.
  11. The Operator ensures that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
  12. The Operator declares that he has taken safeguard measures required under art. 28, paragraph 3, point c of the European Parliament and the Council of 27 April 2016 of the Act on the protection of individuals with regard to the processing of personal data and on the free movement of such data or repelling the directive 95/46/WE (GDPR).
  13. The Operator declares that he respects the conditions referred to in paragraphs 2 and 4 of the Article 28 of the GDPR for engaging another processor, in accordance with art. 28, paragraph 3, point d of the Act.
  14. The Operator takes into account the nature of the processing, assists the User by appropriate technical and organizational measures for the fulfillment of the User’s obligation to respond to requests for exercising the data subject’s rights laid down in the art. 28, paragraph 3, point e of the GDPR.
  15. The Operator makes available to the User all information necessary to demonstrate compliance with the obligations laid down in this Article and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller, in accordance with art. 28, paragraph 3, point h of the GDPR.
  16. 14 days after the resignation of the User from using the SALESmanago system, the Operator will permanently remove all records containing personal data transmitted to the Operator in relation to or while using the SALESmanago system, in accordance with the article 28, paragraph 3, point g in the GDPR.

§9. Fees for the use of the system

  1. The user shall be charged for the licence fee appropriate to the chosen package. The marketing tools are available on the website together with the pricing list (https://appstore.salesmanago.com/#/pricing).
  2. The user can take advantage of the promotion which involves making one of the following marketing tools available for free: Live Chat, Generate customers, Web Push notifications. The tools cannot be combined within the promotion. The user needs to sign SALESmanago Licence Agreement within the BASIC, PRO or Enterprise package with the Operator to compose a package consisting of more than one marketing tool. The promotion remains valid till further notice.
  3. The user can cancel their subscription at any time. There are no cancellation fees. Except for the unpaid subscriptions in the period of promotion, the payment is billed one month in advance. A user who terminates the agreement can expect a full refund for any fees they paid in advance for using the license after the effective date of termination.

§10. Final provisions

  1. By confirming these Terms and Conditions, the User concludes a permanent contract for an unspecified period of time with one-month notice period.
  2. Any matters outside the scope of these Terms of Use shall be subject to relevant provisions of the Civil Code and other Polish law.
  3. With regard to any disputes arising in connection with the Service, the parties undertake to resolve any such disputes amicably, in good faith and with due respect to the interests of the other Party.
  4. SALESmanago users are required to keep track of any changes to these Terms of Use available at www.salesmanago.com