Condizioni generali di vendita

Date of last update : 30/10/2018

Foreword

GETFLUENCE, a simplified joint-stock company with a capital of 1,000 Euros, whose headquarters are located at 6 Chemin des Sauges, 31400 Toulouse, FRANCE, registered in the Trade and Companies Register of TOULOUSE, under the SIRET number: 842437865 00012, publishes and provides professionals with a web platform, connecting advertisers who desire to be accompanied, in terms of their sponsored article campaigns, not to mention publishers who wish to generate additional revenue, through sponsored articles. GETFLUENCE also offers content writing services, through its website.

GETFLUENCE puts services accessible through the URL www.getfluence.com at the disposal, for anyone who meets these general conditions.

Accessing the services offered by GETFLUENCE, implies the full and complete acceptance by its USERS, as for these general conditions and its ANNEX, which make up a contractual whole. It also requires the acceptance of the clauses, concerning the communication of personal information and the rules related to their exploitation and protection. Some services lead to the establishment of specific contracts, which are related to these terms and conditions.

The simple consultation of the services offered by GETFLUENCE is free. For the understanding of the present general conditions, the formalized terms in capital letters refer to the definitions, mentioned in article 2 which is developed hereafter.

2. Definitions

  • ANNEX: a binding document related to these TERMS AND CONDITIONS 12
  • DATA (S) WITH PERSONAL FEATURES : within the meaning of Article 4.1 of the GDPR: "any information relating to an identified or identifiable natural person (hereinafter referred to as" the person concerned ") is deemed to be an" identifiable natural person, who can be identified, directly or indirectly, mainly by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more specific elements related to its physical, physiological, genetic, psychic, economic, cultural or social identity; "
  • PLATFORM: online dematerialized services offered by GETFLUENCE.
  • PROFILE: all the information provided by the USER, while registering on GETFLUENCE
  • PROCESSING MANAGER : given the article, 4.7 du RGPD the natural or legal person, the public authority, the service or any other body which, alone or jointly with others, determines the purposes and means of the processing; where the purposes and means of such processing are determined by the law of the Union or the law of a Member State, the controller may be designated or the specific criteria applicable may be provided by the law of the Member State Union or by the law of a Member State;
  • RGPD : (general regulation on data protection) (EU) Regulation 2016/679 of the European Parliament and of the Council dated, 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
  • SERVER(S): computer device of hardware type or software type, promotion access to certain accessible services or not via WEB.
  • SERVICE: means the activity developed by GETFLUENCE for the benefit of these clients and all services, taken together or separately, offered to the client by GETFLUENCE, in particular via the WEB SITE
  • SITE WEB: set of organized pages with the aim to be diffused on the WEB under the same domain name, in this case https://www.getfluence.com
  • USER : any natural person or any representative of a legal person creating a PROFILE on GETFLUENCE
  • GETFLUENCE.COM: SITE WEB edited by the company GETFLUENCE and to which the 22 general conditions apply.

3. Object

3.1 This contract sets the conditions as for the use of services, offered by GETFLUENCE. The whole constituted by the present contract, its possible APPENDICES and the possible SPECIAL CONDITIONS make up an indissociable contractual whole.

3.2 The contractual hierarchy of documents is as follows: this contract, the special conditions and the ANNEXES in their order of numbering

4. Registering Conditions

4.1 May register on the WEB SITE, natural persons who are at least 18 years old, and enjoy their full legal capacity, legally constituted legal entities and administered but also liberal professionals.

4.2 Any registration on the WEBSITE is free but GETFLUENCE reserves the right to refuse, without having to explain the reasons and without notice, any registration that the latter thinks isn’t suitable.

5. Personal Data

5.1 GETFLUENCE controls the USERS’ DCP, who are hosted in the servers of the DYNAMIX HOST company, located at 53 rue de la Mayor Z.I. Paluds 13400 AUBAGNE FRANCE.

5.2 Registration for services assumes the collection of FADs. This data collection takes place in compliance with the provisions of the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals, in terms of the personal data processing, and the free movement of this data (General Regulation on the Protection of Personal Data or RGPD).

 

5.3 The USER is informed that the legal basis of the treatment of his FADs is as follows:

- Article 6.1.b of the GDPR: "the processing is a must, to carry out the contract, with the data concerning the party, or for the performance in terms of pre-contractual measures, taken at the request of the latter;"

- Article 6.1.c of RGPD: " the processing is necessary, to comply with a legal obligation to which the controller is subject;"

5.4 The personal data, in order to access GETFLUENCE, is intended for accounting and commercial services. In accordance with the law n ° 78-17, dated January 6th, 1978 relative to the Data processing, the freedom of files, RGPD, the USER has a right to access, rectify, oppose, erase and it is portable, relative to the data concerning the latter.

5.5 The DCPs that are collected on this site, are the following: names, first names, phone, mailing address and e-mail.

5.6 DCPs collected from USERS are intended for the services at GETFLUENCE, not to mention, improve them and maintain a secure environment.

5.7 The uses are as follows, in a more precise manner:

  • access and use of the services offered by GETFLUENCE by the USER 41
    • operation management and optimization of the WEBSITE 42
    • organization of the conditions of use as for the payment services 43
    • verification, identification and authentication of the data, transmitted by the USER 44
    • implementing USER support 45
    • Prevention and detection of malware fraud and security incident management 46
    • management of any disputes with USERS 47
    • sending commercial and advertising information, according to the preferences of the user 4849

5.8 GETFLUENCE implements organizational, technical, software, and physical digital security, whose aim is to protect FADs from tampering, destruction, and unauthorized access. However, Internet is not a completely secure environment and the WEBSITE can’t guarantee the total security of the information storage transmission..

5.9 Pursuant to the regulations applicable FADs, USERS have the following rights::

  • update or delete the data which concerns them by logging into their account and configuring the settings of this account 53
    • delete their account. However, information shared with other USERS such as comment posts on the GETFLUENCE blog may remain visible to the public on the WEBSITE even after the account has been deleted.
    • exercise their right of access to know the FADs concerning them. Concerning this application, we will ask you to provide proof of your identity to check its accuracy. 55
    • request the updating of information concerning them. 56
    • request the deletion of their personal data in accordance with applicable data protection laws. 5758

5.10 To exercise these rights, the USER must contact GETFLUENCE at the following address: [email protected]

5.11 All information related to the protection of FADs, is available on the dedicated WEBSITE page.

6. Ways of registerin

6.1 In order to register, the USER fills out the forms dedicated for this purpose on the WEB SITE.

6.2 The information provided by the USER in the registration form allowing his registration on the PLATFORM must be sincere and in keeping with the reality of his/her status.

6.3 The USER shall immediately inform GETFLUENCE, of any modification related to the data communicated during his registration. GETFLUENCE cannot be held responsible for damages which is caused directly or indirectly by the USER.

6.4 GETFLUENCE reserves the right to delete, without any notice, any USER account, which has provided any false information during registration or didn’t notify any changes which occurred while using the PLATFORM.

7. How the platform works

7.1 Steps of putting through contacts

Advertisers who connect on the Platform, are given access to a catalog of all Publishers and their visibility offers (sponsored articles, editorials and others), depending on the needs indicated by the Advertiser. This is the "Self-Service" offer.

Advertisers can thus have quick and useful access to Publishers who are best able to respond to their online communication strategy.

Advertisers then select the Publishers which interest them and whose services (such as sponsored articles) can help them strengthen their online presence and social networks.

Advertisers can send their instructions directly to the selected EDITORS and validate the various stages of the mission. Just as PUBLISHERS can validate the steps requiring their actions.

Advertisers may entrust the Platform with the selection of PUBLISHERS, according to a defined budget and ensure complete follow-up of orders within the "GETFLUENCE Manages All" mode. There is no additional cost related to this assumption by the Company.

Note that the PUBLISHERS can, depending on their needs, entrust the Platform, to manage all collaborations, from the reception of each order, to the negotiation, until the very completion of each collaboration by the Company. This "Complete delegate management of getfluence" mode is chosen while adding or editing the website by the PUBLISHER. Therefore, the PUBLISHER chooses the mode "I want to manage all the proposals", which allow him to manage the entirety of each proposal of the Advertisers.

Last but not least, each "Sponsored Article" or "Publi-Editorial" type service ordered by an Advertiser from an Editor is unlimited in terms of the duration. A sponsored or editorial article should not be deleted during or after the completion of the collaboration. It must be kept in the archives of each website and should be accessible, without restriction.

7.2. Paying services ordered by the ADVERTISERS & Conditions for awarding earnings to PUBLISHERS

As part of the "Getfluence manages everything” offer and “Self-Service", the Advertiser can freely access each offer, but must pay the entire order as soon as the order is made, so that it can be carried out.

Each collaboration between an ADVERTISER and an EDITOR, gives right to the payment due to the EDITOR, after a period of 30 days from the carrying out of, therefore for the benefit of the Advertiser. In fact, the PLATFORM, after each service delivery, performs a daily automatic check to ensure that the service is still active and the content is not duplicated.

A content is duplicated when it fails at the Copyscape test which a control tool of duplicate content. A service is still active, if the sponsored article or the editorial is accessible on Editor’s website, through the conditions provided by the Advertiser. In the event of a fake access, an email is sent to the PUBLISHER, to alert the latter during each check. At the end of 5 failing accesses (equivalent to 5 days) and in the case of a non-response by the PUBLISHER, using the contact information provided, while registering, the service may be canceled, and the Advertiser shall be refunded the deposit money in his user account. Therefore, the Advertiser can use this amount, to enter new orders with the PUBLISHERS of his choice.

7.3. Money deposit by the ADVERTISERS, on their account

Each ADVERTISER may freely deposit money in his deposit account, through the available means of payment, in order to use the money deposited to order services on GETFLUENCE, through the "Self-Service" mode or "Getfluence manages everything ".

The amount deposited on the deposit of an ADVERTISER cannot be the subject to a refund, requested by the ADVERTISER to GETFLUENCE. The ADVERTISER is obliged to use the amount available on his deposit account, to order the services available on GETFLUENCE.

7.4. Addition of PUBLISHER sites, price information and GETFLUENCE commission

Publishers may freely add their sites via their account, by mentioning the earnings they wish to receive for each assignment. While entering the earnings desired by the Editors, the Company automatically presents the final price excluding tax, that the Advertiser shall have to pay, including the earnings of the Publisher along with the additional commission, perceived by the Company.

Indeed, after connecting EDITORS and ADVERTISERS, the payment transaction is subject to a commission, for the benefit of the GETFLUENCE company and up to 30 to 50% of the amount, which are received excluding taxes. This commission is directly deducted from the Editor’s earnings.

The amount of this commission depends on the collaboration method which has been selected ("Delegate the complete management to Getfluence" OR "I want to manage the offers") and the desired earnings by the EDITOR.

The amount is calculated, as follows:

-In the event where the company intervenes and states “I want to handle all the offers”, defined by the Editor, which includes all the assets handled by the Company: The Company makes you benefit from the Platform for connecting; the commission is 30% excluding taxes of the budged, given by the Advertiser.

- In the event where the Company intervenes and states to delegate the complete management to Getlfluence”, defined by the Editor of each site, which includes the assets handled by the Company: the company handles offers depending on the conditions, provided by the Editor while adding his site (communication, taking decisions and negotiations), the Company handles the complete accomplishment of tasks and ensures publications of tasks, through the access the Editor has provided, the commission is 50% of the amount, excluding taxes of the budget given by the Advertiser.  

7.5. Payout by Editors

For each collaboration which ends after 30 days, the associated payout during the collaboration, is available on the Editor’s account and can by withdrawn for payment, provided that the withdrawal is equal or higher than 5 EUROS.

The Editor could receive his earnings through a bank wire to his bank account, via the platform or could be paid via PayPal as well. Payment via bank wire is solely possible for Editors, based in the European Union.

To obtain payment for his earnings, the Editor needs to send an invoice during his request for payment via his account, drawn out for the company, in order to justify the payment.

7.6. Obligations for PUBLISHERS

Each PUBLISHER is obliged to:

  • - Keep the sponsored article or the editorial, depending on the type of collaboration, throughout the lifetime of the site, without time limit and under the conditions initially provided with the ADVERTISER
  • - Do not modify or delete a sponsored or editorial article throughout the life of the EDITOR's website related to the collaboration with the ADVERTISER
  • - Do not modify or delete the hypertext links provided for each sponsored or editorial article during the whole life of the EDITOR's website related to the collaboration with the ADVERTISER, such as the type of link ( DOFOLLOW or NOFOLLOW), its anchor and its URL
  • - Do not move a sponsored or published-editorial article to a part of the PUBLISHER's website that was not originally planned, and in any case, never move it to a page or topic that will not be crawled by them search engines like Google

GETFLUENCE is entitled to demand the immediate refund of the earnings by the EDITOR, within a time limit, in case of non-compliance. In addition, in case of default and non-compliance with conditions, GETFLUENCE reserves the right to suspend and delete the offending EDITOR account and all related data.

8. Rates offered by getfluence

8.1 The price of services available on the WEBSITE are indicated in Euros, excluding taxes, and all French taxes are included. The price of the service is the one in force, during the day of the order.

8.2 The total amount due and its details are indicated on the confirmation page, of each order.

8.3 For each order or request, the USER accepts in advance, that the company sends an order confirmation and the adjoining invoice, via mail.

8.4 The prices that are indicated may vary in time and the USER is therefore encourages to consult the information which is at his disposal regularly, so that he is aware of any modification of the rates, concerning one of his projects, with GETFLUENCE.

9. Additional services provided by getfluence

9.1 Due to the request of its USERS, GETFLUENCE provides management services in the name and behalf of the USER for the desired communication campaigns (option “GETFLUENCE manages everything” for the ADVERTISERS and option “Delegate the entire management to GETFLUENCE” for the EDITORS).

9.2 ANNEX 1 presents all the conditions related to these services

10. Direct launching among users after an initial connection through getfluence

10.1 USERS acknowledge having benefited from an initial connection thanks to GETFLUENCE.

10.2 Direct solicitation among USERS is forbidden, since the initial connection has been initiated via GETFLUENCE, and this, for a period of one calendar year, right from the termination of the account of the last concerned USERS.

10.3 Any violation of Article 11.2, found by any means, will entitle GETFLUENCE through a penalty clause, to pay a compensation, equivalent to 20% before taxes, of the contract’s amount awarded between the USERS to the detriment of GETFLUENCE, and this shall take place through a first request from the latter. The requested payment shall be made within 30 days of the request’s formalization, sent to the injuring party via registered letter with receipt acknowledgement.

11. Conclusion of the electronic contract

11.1 In accordance with Article 1369-5 of the Civil Code, the USER is irrefutably deemed to have read the terms and conditions of GETFLUENCE and accepted after clicking on the dedicated area, to confirm that he has read the latter.

11.2 GETFLUENCE acknowledges receipt of this agreement without undue delay and via electronic means. Confirmation of acceptance and acknowledgment of receipt are irrefutably considered as received, when the USER to whom they are addressed, may have access to it.

12. Responsibility of getfluence

12.1 GETFLUENCE is not part of the contractual relationship between PUBLISHERS and ADVERTISERS.

Subject to the implementation of Article 10 of this contract, GETFLUENCE only operates a simple relationship between professionals through the PLATFORM.

12.2 Any request from the USER, relating to this relationship must therefore be directed towards its contractual partner in the event of a dispute.

12.3 GETFLUENCE is responsible, under the mandate which is plausibly concluded on the basis of ANNEX 1 with a USER

13. Networks and accessing the website, quality of services - suspending services

13.1 Accessing the WEBSITE requires Internet connection.

13.2 The USER acknowledges that Internet could undergo interruptions and/or slowdowns and GETFLUENCE can’t be held responsible.

13.3 GETFLUENCE can’t be held responsible for the issues related to USER connections to the Internet, the computer viruses passed on via this network or any other way, or to any malicious actions, carried out via this network or by any other means. GETFLUENCE is not responsible for damage to equipment and/or data of the USER or other means.

13.4 GETFLUENCE does not guarantee the continuity as for using the WEBSITE, the latter is usable by the USER due to a remote connection via the Internet.

13.5 Concerning the foregoing, GETFLUENCE cannot guarantee the continuity of using the WEBSITE

13.6 Concerning the foregoing, GETFLUENCE cannot guarantee the continuity of using the WEBSITE

13.7 GETFLUENCE cannot be held responsible, for the possible consequences of the unavailability of a service due to a maintenance operation or updating services.

14. Confidentiality

14.1 The USER receives notifications whenever an action on his behalf is required, for a necessary step as for the functioning of his profile on the WEB SITE.

14.2 GETFLUENCE strives to make efforts, in order to ensure respecting confidentiality of the information passed on by the USER as well as the documents produced for his benefit.

14.3 By communicating elements to GETFLUENCE, the USER allows to put the necessary elements, at the disposal of his partners, to benefit from the requested services.

14.4 GETFLUENCE commits to make its partners respect confidentiality, in the same manner it is subject to.

15. Securing Service Access

15.1 Accessing SERVICES are made secure through a password which is given to the USER, who promises to keep it secret.

15.2 The USER assumes complete responsibility as for the security information which is communicated to him. He is responsible for its confidentiality. They can only be changed at the latter’s request.

15.3 The USER who loses his identity information, immediately informs GETFLUENCE.

15.4 The USER assumes the responsibility of protecting the equipment, which allow him to access the WEB SITE, which ensures the protection of his data, against any malicious attack.

16. Securing transactions

16.1 Transactions and their security are provided by PAYPAL and STRIPE payment system. During the registration process, the USER is invited to read the GETFLUENCE Terms of Use.  These include the certification processes, which may be triggered depending on the amount of the transactions which are completed..

16.2 The confidential data (the 16-digit credit card number and the expiry date, the CVV code) are directly encrypted and passed on to the server of the payment solution, that is selected by the USER, GETFLUENCE does not have access to this data.

17. General obligations of users

17.1 USERS declare and guarantee that all information provided while creating an account is precise and up-to-date in all material respects from the date it is provided or, as the case may be, the date it relates to.

17.2 The USER declares that he holds all the rights relating to the information and documents given to GETFLUENCE.

17.3 By subscribing to the GETFLUENCE services, The USER commits to mainly  

- respect the laws and regulations in force

- not use the WEBSITE for illegal or abusive purposes or to behave unfairly,

- respect the intellectual property rights, relating to the content provided by GETFLUENCE and the USERS on the WEB SITE

- only provide precise and honest information about his marital status and personal details

17.4 Any breach of the conditions of accessing the WEB SITE and/or its conditions of use, may result in the suspension or closure of the USER account.

18. Evolution of General conditions

18.1 GETFLUENCE reserves the right to modify its terms and conditions, at any time without notice.

18.2 The USER is informed of this development via an e-mail addressed to the e-mail address that he/she entered on the day of registration..

18.3 The latter may be asked to accept these changes before he can access his PROFILE and the services are offered on the WEBSITE again.

19. Intellectual property

19.1 All WEBSITE content, including, but not limited to, graphics, images, text, videos, animations, sounds, logos, icons and their formatting are the exclusive property of the company GETFLUENCE, except for trademarks, logos or content belonging to other partner companies or authors: any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of these different elements is strictly forbidden outside the agreements within the framework of each collaboration , allowing them between ADVERTISERS and EDITORS. Any other form of use requires GETFLUENCE’s authorization in writing.

19.2 This representation or reproduction, by any means whatsoever, constitutes an infringement that shall be punishable by articles L.3335-2 and following the Code of Intellectual Property. Failure to comply with this prohibition, constitutes an infringement that may incur the civil and criminal liability of the infringer. Moreover, it is reminded that offenders are liable to the owners, if they were to copy contents and could sue them on this basis..

19.3 GETFLUENCE also owns the "rights of the database producers" referred to in Book III, Title IV, in the Code of Intellectual Property (Law No. 98-536 of 1 July 1998) relating to copyrights and databases.

20. Closing account

20.1 The USER can close his account at any given time, without any particular formality, by sending an email to [email protected] or from his USER account in settings.

20.2 Closing an account by the USER, can’t prevent the payment of the amounts due to GETFLUENCE, given that GETFLUENCE's claim took place during the contractual period which had been formalized by the acceptance of the general terms and conditions..

20.3 In case of violations of these terms and conditions, GETFLUENCE will have the option to suspend or close the account or limit its use.

20.4 Subject to the storage obligations provided for by law or regulation, the closure of the account entails the definitive deletion of the information and documents communicated by the USER.

21. Force majeure

21.1 In accordance with Article 1218 of the Civil Code, any breach of any of the obligations of this agreement triggered by a case of force majeure, as traditionally recognized and accepted by the jurisprudence of the French Supreme court, will exempt GETFLUENCE of its responsibility (force majeure includes an unforeseeable, compelling and external event to the obligors).

21.2 If such an event occurs, GETFLUENCE cannot carry out its service by informing the USER by any means as soon as possible.

21.3 The suspension of the obligations or the delay can in no case be a cause of responsibility for non-performance of the obligation in question, nor to induce the payment of damages or penalties caused by the delay.

22. Authentic language

22.1 Only the present general conditions written in the French language in their original version are authentic, which take precedence over any other version translated, if necessary into a foreign language..

22.2 In the event of a contradiction between this document written in French and the same document translated into another language, the parties agree that only the French version shall be binding..

23. Governing Law - Assignment of Jurisdiction - Dispute Management

23.1 The general conditions of use are subject to French law, to the exclusion of any other legislation.

23.2 Any complaint must be addressed to GETFLUENCE SAS, via the e-mail address [email protected] or by writing a letter to the address of the GETFLUENCE headquarters.

23.3 Disputes which are caused due to the use of a service made available to the public by GETFLUENCE must go through an amicable settlement before attempting any legal proceedings. For this purpose, within 30 days of the emergence of the dispute, a meeting between the parties concerning this dispute shall be held; within the jurisdiction of the Court of Appeal of TOULOUSE. Failing an agreement found within 15 days after this meeting, the company GETFLUENCE and the natural person or the legal person opposed to this, are free to go to court.

23.4 No legal action engaging the civil liability of GETFLUENCE, can be committed more than one calendar year after the birth of the claim in accordance with the provisions of Article 2254 of the Civil Code. In the event a dispute were to occur, arising out of the use of a service, which has been made available to the USER, the competent courts are those of the jurisdiction of the Court of Appeal of TOULOUSE.

24. Sponsorship

The PLATFORM proposes an sponsorship program allowing any registrant, named SPONSOR, to be paid for each order from another user, named SPONSORED, if he / she registers using the registration url containing a code specific to the SPONSOR.

The payment rules are as follows: a SPONSOR with up to 19 SPONSORED will be paid up to 5% HT on the orders of his affiliates, then between 20 and 50 affiliates, the remuneration is 7% HT and more 50 FILLEULS, the reward is 10%.

The sponsorship program is limited in time, it is only valid for 1 year from the registration of the SPONSORED. After this period, the SPONSOR will not be able to claim any remuneration on the orders of his SPONSORED.

ANNEX 1: mandate contract with the "Delegate complete management to getfluence " mode

EDITORS can entrust the full management of each mission to GETFLUENCE by defining the option "Delegate complete management to getfluence" which allows each EDITOR to delegate the following actions to the GETFLUENCE team:

- Processing the collaboration proposals (sponsored or publisher-editorial articles) according to the conditions pointed out by the EDITOR, with the authorization for GETFLUENCE, who shall be able to negotiate on behalf of the EDITOR

- Complete management of tasks

- Ensure the publication of the tasks, thanks to the access that the EDITOR provides GETFLUENCE, while adding or editing its website

EDITOR’s action are :

- The possibility of validating each proposal of an ADVERTISER before supported by GETFLUENCE (or otherwise, the EDITOR may let GETFLUENCE validate/negotiate, not to mention refuse each proposal according to the conditions noted by the EDITOR)

In return, GETFLUENCE receives a commission of 50% of the total budget excluding taxes, incurred by the ADVERTISER. The EDITOR informs the earnings, he wishes to collect when adding or editing his website, for each collaboration, which allows him to perceive final rate that shall be offered by GETFLUENCE to the ADVERTISER, since GETFLUENCE multiplies the price by two, in order to add its commission.

In the case where the EDITOR wishes to fully manage the proposals of advertisers, he can choose the method "I want to fully manage the offers" which leads to a commission of 30% of the total budget excluding taxes, incurred by the ADVERTISER, given the linking and the advantages provided by the PLATFORM.