Terms Of Use

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

§1. Definition

  1. Terms of Use – this document
  2. SALESmanago – Online Marketing Automation Software
  3. User – you, provided you have the legal capacity to form a legal contract (and are an adult), or are a minor over the age of 16 and have accepted these Terms of Use.
  4. User’s Account – an 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. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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) – text published in the EU Journal (link)
  7. The Personal Data Protection Act – The Act of 10 May 2018 on the Protection of Personal Data (Dz.U. 2019.1781 t.j. with subsequent amendments)
  8. Services – electronic services within the meaning of the Electronic Provision of Services Act of 18 July 2002 (Dz.U.2020.344 t.j., with subsequent amendments) available through user accounts.
  9. 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).
  10. The Operator – Benhauer Sp. z o.o., based in Krakow (31-532) Grzegórzecka 21, entered into the Register of Entrepreneurs kept by the District Court for Krakow Śródmieście in Krakow, Division XI of the National Court Register under KRS number 0000523346, NIP: 676 244 77 54, REGON: 122334666, with share capital in the amount of PLN 1 373 625.00.
 

§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 gives consent for processing by the Operator of personal data concerning the User, the User’s Clients, his contractors, persons visiting the website. You will entrust the following data for processing: name and surname, e-mail address, telephone number, address, financial information (invoice data, purchase history);
    • c. he has agreed to receive VAT invoices generated by the service provider in an electronic format, via email.
    • d. allows the Operator to use personal data only for the purposes of this Agreement, in accordance with the provisions of the GDPR and the Personal Data Protection Act. For the avoidance of doubt, acceptance of these Terms and Conditions and use of the Service will be treated as entrusting data for processing in accordance with the provisions of the GDPR and the Act on Personal Data Protection. Moreover, the Customers who have a paid subscription to the SALESmanago System together with the conclusion of the main Agreement also conclude the Agreement of entrusting the processing of personal data.
 

§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 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 the 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.
  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 periodically disrupt the availability of the Service for the purpose of its expansion or maintenance, immediately terminate the provision of services should the User breach these Terms of Use, change Account or User Profile parameters, including Service features and functionalities, 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.
  4. The Operator makes every effort to ensure that the usage of services isavailable for Users of all most popular web browsers, operational systems,types of computers and types of Internet connections. However, the Operatordoes not guarantee and is not responsible for the successful usage of eachpossible combination of these options and/or SALESmanago system. Theminimum technical requirements (notwithstanding any information provided inthe previous sentence) which enable using services and/or SALESmanagosystem are as follows: access to the Internet, modern web browser whichsupports HTML5, CSS3 and JavaScript (suggested web browsers: Chrome 74,Firefox 65, Edge 44 and the newest versions of the all mentioned here).
 

§8. Confidentiality

This paragraph contains general information concerning the use and processing of Users’ personal data by the Operator.

  1. The User Account database is subject to legal protection.
  2. If the User’s data is processed in the context of using SALESmango, the provisions of this paragraph apply, with the reservation that the provisions of this paragraph apply only to the personal data that the User provided when registering an Account in the System and processing them in order for the User to use the System.
  3. The provisions of this paragraph do not apply to the processing of personal data of persons who are in the databases that the User entered into the System. In such a case, the User is the administrator of such personal data or the processor, as defined by GDR and is fully responsible in case of lack of legal basis for processing of personal data entered into the System or processing of such data contrary to the purpose for which they were obtained or in violation of the minimization principle resulting from Article 5.1 c of GDPR.
  4. The terms of entrusting by the User of personal databases, which he entered into the System, is determined by the agreement concluded with the User to entrust the processing of personal data, which the User is required to conclude after indicating the purpose of processing and the type of personal data and categories of data subjects, which he entrusts to the Operator.
  5. The Operator is the administrator of the User’s personal data, subject to § 8.4 of this Terms Of Use.
  6. The Operator as the Administrator in the meaning of Article 4(7) of the GDPR declares that it processes Users’ personal data in accordance with the provisions of generally applicable law, including the GDPR and other provisions of generally applicable law, in particular: The Data Protection Act and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2019.1781, with subsequent amendments). If you have any questions regarding the processing of Your personal data and Your rights, please contact us – our Data Protection Officer (DPO) – by e-mail at the address: rodo@salesmanago.pl.
  7. You have a right to:
    1. Withdrawal of every consent You have given at the time of registration to the Service as well as during the use of particular services and functionalities offered on the Service. Withdrawal of consent has effect from the moment of withdrawal. Withdrawal of your consent does not affect the processing we carry out in accordance with the law before its withdrawal. Withdrawal of consent does not entail any negative consequences for You. However, it may prevent You from continuing to use the Services or functionalities that we may lawfully provide only with Your consent.
      1. You have the right at any time to object to the use of Your personal data, including profiling, if we process Your data based on our legitimate interest, e.g. in connection with the marketing of our products and services and our customers, keeping statistics on the use of particular functionalities of the Services and facilitating the use of the Services, as well as satisfaction surveys.
      2. If You do not receive any marketing communications about our products or services or our customers, we will object to the processing of your personal data, including profiling for these purposes. If Your objection proves justified and we have no other legal basis for processing your personal data, we will delete the data you have objected to.

      Legal basis: Article 21 GDPR

    2. To delete data („right to be forgotten”)
      You have the right to request the deletion of all or some personal data. We will treat the request to delete all or some of your personal data as a request to delete Your Account. You have the right to request the deletion of Your personal data if:
      1. You have withdrawn Your specific consent to the extent that Your personal data has been processed based on Your consent;
      2. Your personal data is no longer necessary for the purposes for which it was collected or processed;
      3. You have objected to the use of Your data for marketing purposes;
      4. You have objected to the use of Your data for the purpose of maintaining statistics on the use of the Service and satisfaction surveys, and the objection has been deemed justified;
      5. Your personal data is processed illegally.

      Although we may request the deletion of personal data in connection with raising an objection or withdrawing consent, we may retain certain personal data to the extent necessary to establish, pursue or defend a claim. This includes, but is not limited to, personal information such as name, surname, email address and application history, which we retain for the purpose of investigating complaints and claims related to the use of our services.

      Legal basis: art. 17 GDPR

    3. To limited processing of personal data
      You have the right to request a restriction on the processing of Your personal data. If You make such a request, we will, until such request is processed, prevent You from using certain functionalities or services that will involve the processing of the data requested. We will not send you any messages, including marketing messages. You have the right to request a restriction on the use of Your personal data in the following cases:
      1. if you question the accuracy of Your personal data – then we will limit the use of your data for the time we need to verify the accuracy of Your data, but no longer than for 7 days;
      2. when the processing of Your data is against the law, and instead of deleting Your data, You will demand a restriction on its use;
      3. when Your personal information is no longer necessary for the purposes for which we collected or used it, but is needed by You to establish, pursue or defend a claim;
      4. if You have objected to the use of Your data, then the restriction is for the time necessary to consider whether, due to Your particular situation, the protection of Your interests, rights and freedoms outweighs the interests we pursue by processing Your personal data.

      Legal basis: art. 18 GDPR

    4. Right of data access
      You have the right to obtain confirmation from us whether we are processing your personal data, and if it’s happening, You have a right to:
      1. to access their personal data;
      2. obtain information on the purposes of the processing, the categories of personal data being processed, about the recipients or categories of recipients of these data, planned storage period Your data or the criteria for determining this period, your rights under the GDPR and the right to complain to the supervisory authority about the source of the data, about automated decision making, including profiling and security features used in connection with the transfer of this data outside the European Union;
      3. obtain a copy of Your personal data

      Legal basis: art. 15 GDPR

    5. Right to correct data
      You have the right to correct and complete the personal data you provide. You can do this yourself in the Settings tab (Privacy). With regard to other personal data, you have the right to ask us to correct this data (if it is incorrect) and to complete it (if it is incomplete).

      Legal basis: art. 16 GDPR

    6. Right to data transfer
      1. You have the right to receive your personal data that You have provided to us and then send it to another personal data administrator of your choice, e.g. another operator of similar services. You also have the right to request that Your personal data be sent by us directly to such other administrator, if technically possible.
      2. Your personal data will be sent as a file in csv format. The csv format is a commonly used machine-readable format that allows You to send the received data to another personal data administrator.

      Legal basis: art. 20 GDPR

      Time to comply with the request
      1. If, in the exercise of the powers listed above, you make a request to us, we either fulfill that request or refuse to fulfill it immediately, but no later than one month after receiving it. If, however, due to the complexity of the request or the number of requests, we are unable to fulfill your request within one month, we will fulfill it within the next two months by informing You in advance of the intended extension.
      2. For technical reasons, we always need 24 hours to update the settings You have chosen in our systems. Therefore, it may happen that you will receive an e-mail from us during the system update, from which You have opted out.
  8. 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.
  9. The above-mentioned confidentiality requirement does not cover situations in which:
    1. the data is commonly known,
    2. the data have been disclosed with the User’s consent,
    3. the data have been disclosed upon receiving a relevant request from an official body, subject to any applicable legal provisions.
  10. 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.
  11. 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. Your personal information may be subject to profiling for the purposes for which it was collected. However, this data will not be used by the Administrator to make automatic decisions.
  12. 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.
  13. The Operator is obliged to process the entrusted contact details only for the purposes of performing the service (for the purposes of this Agreement) – 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.
  14. 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.
  15. 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.
  16. 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.
  17. The Operator declares that he has taken safeguard measures required under Article 28 ust. 3 lit. c GDPR. The Operator uses the server infrastructure of 3S Data Center S.A. in Katowice.
  18. 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 ust. 3 lit. d GDPR.
  19. 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.
  20. 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.
  21. The Operator makes every effort to ensure that all personal data is stored for the time necessary to achieve the purposes for which it was collected. As far as possible, we try to provide a specific period of data storage.
  22. 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.
  23. Our Services are dynamic and we often introduce new features that may require gathering new information. If we start collecting other personal information or significantly change the way we collect, use or share that information, we will notify You and make changes to these Terms of Use.
  24. You may submit complaints, inquiries and requests to us regarding the processing of Your personal data and the fulfilment of Your rights.
  25. If You think that your right to data protection or other rights granted to you under the GDPR have been violated, You have the right to file a complaint to the President of the Office for Personal Data Protection, address: ul. Stawki 2, 00-193 Warsaw (www.uodo.gov.pl).
 

§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. Any matters outside the scope of these Terms of Use shall be subject to relevant provisions of the Civil Code and other Polish law.
  2. With regard to any disputes arising in connection with the Service, the parties undertake to resolve any such disputes amicably and with due respect to the interests of the other party.
  3. The SALESmanago users are required to keep track of any changes to these Terms of Use available at www.salesmanago.com