Condizioni generali di vendita

Data dell’ultimo aggiornamento: 22/gen/2020 (v. 1.28)

  1. Preamble

    GETFLUENCE, a French simplified joint-stock company (société par actions simplifiée) with capital of 1 000 euros, having its registered office at 36, rue Henri-Claude-Lauth, A21, 31400 Toulouse, FRANCE, registered with the Trade and Companies Register of Toulouse, under number 842437865 00020, that operates and provides professionals with a web PLATFORM connecting ADVERTISERS wishing to be assisted in their sponsored goods campaigns with PUBLISHERS wishing to generate additional income thanks to the sponsored goods. GETFLUENCE also offers, via its website, content production services.
    GETFLUENCE provides services accessible from the URL www.getfluence.com to any person meeting the present general terms.
    Access to the services offered by GETFLUENCE implies a full and complete acceptance by its USERS of these general terms and its APPENDICES, which constitute a single contractual document. It also requires acceptance of the provisions regarding the communication of personal information and the rules relating to their use and protection. Certain services are subject to the formalization of specific contracts related to these general terms.
    The mere consultation of the services offered by GETFLUENCE is free of charge. For a proper understanding of these general terms, the capitalized terms shall have the meaning defined in article 2 hereafter.

  2. Definitions

    • APPENDIX: binding document related to these GENERAL TERMS
    • ADVERTISER(S): user of GETFLUENCE registered as « ADVERTISER » wishing to use GETFLUENCE’s services to develop its visibility
    • PARTNERSHIP(S): any paid partnership done on GETFLUENCE.COM
    • SPONSORED CONTENT: advertising type content defined for each PARTNERSHIP between a PUBLISHER and an ADVERTISER such as a “sponsored article”, an “ad-editorial”, a “press release” or an “ad-release” (non-exhaustive list)
    • PERSONAL DATA (OR PD) : under article 4.1 of the GDPR : “Any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
    • PUBLISHER(S): user of GETFLUENCE wishing to monetize one or more websites it owns or is authorized to operate pursuant a contract with the owner
    • GETFLUENCE.COM or GETFLUENCE: WEBSITE operated by the company GETFLUENCE and to which these general terms apply.
    • PLATFORM: all web-based digital services offered by GETFLUENCE
    • PROFIL: all information provided by the USER when registering on GETFLUENCE
    • CONTROLLER: under article 4.7 of the GDRP: the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law
    • GDPR : (general data protection regulation) 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
    • SERVER(S): hardware or software IT device providing access to certain services accessible or not accessible via the WEB
    • SERVICE: means the activity developed by GETFLUENCE for the benefit of its clients and all the services, taken together or separately, offered to the client by GETFLUENCE, in particular by using the WEBSITE.
    • WEBSITE: set of organized pages intended to be published on the WEB under the same domain name, in this case https://www.getfluence.com.
    • USER(S): any natural person or representative of a legal person who creates a PROFIL on GETFLUENCE
  3. Purpose

    1. The purpose of this contract is to establish the terms of use of the services offered by GETFLUENCE. This contract, its APPENDICES if any and the SPECIFIC TERMS if any constitute an indivisible contractual document.
    2. The contractual hierarchy of the documents is as follows: this contract, the specific terms and the APPENDICES in their numbering order.
  4. Requirements for registration

    1. Registration on the WEBSITE is open to any natural person over 18 years old having full legal capacity, as well as any legally constituted and managed legal person and liberal professionals.
    2. Registration on the WEBSITE is free, but GETFLUENCE reserves the right to refuse a registration it considers it should not accept, without having to explain the grounds of such refusal and without any prior notice.
  5. Personal data

    1. GETFLUENCE is acting as controller of the USERS’ PD hosted on servers of the company DYNAMIX HOST, located 53 rue de la Maire Z.I. des Paluds 13400 AUBAGNE FRANCE.
    2. Registration to the services implies the collection of PD. Such data collection is performed in compliance with the provision of the 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 (General Data Protection Regulation or GDPR).
    3. The USER is informed that the legal basis of the processing of PD are the following:
      • Article 6.1.b of the GDPR: « processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract »
      • Article 6.1.c of the GDPR: « processing is necessary for compliance with a legal obligation to which the controller is subject ».
    4. Personal data necessary to access to GETFLUENCE are intended to accounting and commercial departments. In accordance with Law n° 78-17 dated January 6, 1978 on information technology, data, and civil liberties and the GDPR, the USER have the right to access, correct, object, erase and to data portability in regard of its data.
    5. The following PD are collected on this website: last name, first name, phone number, mailing address and e-mail address.
    6. The PD are collected from USERS to provide and improve GETFLUENCE’s services, and to maintain a secure environment.
    7. More specifically, the uses are as follows:
      • access and use of the services offered to the USER by GETFLUENCE
      • management and improvement of the WEBSITE
      • management of the terms of use of the payment services
      • verification, identification and authentication of the data transmitted by the USER
      • performance of USER assistance
      • prevention and detection of malware fraud and security incident management
      • management of possible disputes with USERS
      • mailing of commercial and advertising information based on the USER’s preferences.
    8. GETFLUENCE has taken organizational, technical, software and physical measures regarding digital security to protect PD from alteration, destruction and unauthorized access. However, the Internet is not a completely secure environment and the WEBSITE cannot guarantee the full security of the transmission and storage of information.
    9. Pursuant the applicable regulation on PD, USERS have the right to:
      • update or delete their data by logging into their account and configuring their account settings
      • delete their account. However, information shared with other USERS such as details of PARTNERSHIP already ordered and paid for on GETFLUENCE may remain visible even after the deletion of the account.
      • exercise their right to access and know their data. As part of such type of request, we will ask you to provide us a proof of your identity to verify its accuracy.
      • request the update of their data
      • request the deletion of their personal data in accordance with applicable laws on data protection.
    10. To exercise its rights, the USER shall contact GETFLUENCE at the following address: [email protected]
    11. All information in regard to PD is available on the dedicated page of the WEBSITE.
  6. Terms of registration

    1. To register, the USER shall fill in the forms dedicated to this purpose on the WEBSITE.
    2. The information provided by the USER in the registration form allowing his registration on the PLATFORM must be sincere and conform to the reality of his status.
    3. The USER undertakes to inform GETFLUENCE without delay of any change in the data communicated at the time of registration. GETFLUENCE cannot be held responsible for any damage caused directly or indirectly by a failure of the USER in this respect.
    4. GETFLUENCE reserves the right to delete, without prior notice, any account of a USER who has provided false information during its registration or who has not promptly notified changes during the use of the PLATFORM.
  7. Terms and principle of operation of the PLATFORM

    1. Description of the steps in the connection processADVERTISERS who connect to the PLATFORM have access to a catalogue of all PUBLISHERS and their visibility offers including a SPONSORED CONTENT, according to the needs stated by the ADVERTISER.This helps ADVERTISERS to have a quick and useful access to PUBLISHERS who most likely meet their online communication strategy.Then ADVERTISERS select PUBLISHERS they are interested in and whose services can help them strengthen their visibility online and on social media.ADVERTISERS may send, through the getfluence.com PLATFORM or its staff, their instructions to the selected PUBLISHERS and validate the different steps of each PARTNERSHIP. 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 with the complete follow-up of the orders. This additional service is subject to specific pricing based on the needs of each ADVERTISER. The cost of this additional service is quoted to each ADVERTISER before its final order and payment.Please note that ADVERTISERS and PUBLISHERS may delegate the content production to GETFLUENCE, such service being a specific additional cost for each PARTNERSHIP.
    2. Deposit of money by ADVERTISERS into their accountsEach ADVERTISER may freely deposit money in its account, using the available payment method, in order to use such money to order services on GETFLUENCE.The amount deposited on an ADVERTISER’s account cannot be refunded by GETFLUENCE. The ADVERTISER shall use the amount available on its account to order services available on GETFLUENCE.
    3. Payment of services by ADVERTISERSThe ADVERTISER may access each offer from the PUBLISHERS, but it must pay in full for each order as soon as it is taken, so that it can be executed.
    4. Addition of PUBLISHERS’ websites, pricing information and GETFLUENCE’s commissionsPUBLISHERS may freely add their websites from their account, specifying in particular the profit they wish to make within the framework of each PARTNERSHIP. When filling in the profit expected by the PUBLISHERS, the Company automatically states the final price excluding taxes to be paid by the ADVERTISER, including the PUBLISHER’s profit and the additional commission received by the Company.The amount of commission received by GETFLUENCE is 30% (standard commission) and may be subject to a higher and specific commission depending on the additional options chosen by the PUBLISHER during one or all PARTNERSHIP. The amount of commissions is always clearly visible and presented to the PUBLISHER.
    5. Terms of collection of profits by PUBLISHERSEach PARTNERSHIP between an ADVERTISER and a PUBLISHER entitles the PUBLISHER to the payment of the profit due to the PUBLISHER, after a period of 30 days from the completion of the PARTNERSHIP for the benefit of the ADVERTISER.In fact, after each performance of services, the PLATFORM carries out a daily and automatic check for 30 days to ensure that the service is still active in the terms initially planned on the day of the order.A service is still active if the published content related to the PARTNERSHIP is accessible on the PUBLISHER’s website under the terms agreed with the ADVERTISER. In the event of faulty access or failure to respect the initial terms of the PARTNERSHIP, an e-mail alert is sent to the PUBLISHER at each check. At the end of 5 failed accesses (equivalent to 5 days) and in the event of non-response from the PUBLISHER using the contact information he provided during its registration, the PARTNERSHIP may be cancelled and the ADVERTISER refunded on its user account.
    6. Terms of collection of profits by PUBLISHERSFor each partnership that ends after 30 days, the profit associated with the partnership is available on the PUBLISHER’s account and may be withdrawn for payment, provided that the withdrawal is equal to or above 5 EUR.The PUBLISHER may collect its remuneration by requesting a wire transfer to its bank account from the PLATFORM, or by requesting a withdrawal by PayPal payment. Only PUBLISHERS whose registered office is located in the European Union, and having a bank account in the European Union (SEPA type), can benefit from the wire transfer.To get the payment of its remuneration (profit), the PUBLISHER shall provide, when requesting payment from its account, a compliant invoice to GETFLUENCE in order to justify the payment.Each invoice shall be sent in a digital form from the PLATFORM when requesting a withdrawal. Any invoice sent by mail to GETFLUENCE will not be processed.

      Any invoice that does not comply with the law or stating wrong information concerning the PUBLISHER or GETFLUENCE, will not be paid.

  8. Rates for services offered by GETFLUENCE

    1. The prices of the services available on the WEBSITE are indicated in euros excluding taxes (HT) on the PLATFORM and with all taxes included (TTC) in the order summary. The price of the service is the one in force on the day of the order.
    2. The total amount due and its details are indicated on the confirmation page of each order.
    3. For each order or request, the USER accepts in advance that GETFLUENCE sends an order confirmation by e-mail with access to the related invoice.
    4. The rates indicated are likely to vary over time and the ADVERTISER is therefore invited to consult the information made available to it on a regular basis. When a specific order is placed by an ADVERTISER, the price paid is fixed and cannot be subject to a price change.
  9. Sponsorship

    The PLATFORM offers a sponsorship program allowing any registered user, named SPONSOR, to be paid for each order of another user, named SPONSOREE, if the latter registered using the registration url containing a code specific to the SPONSOR.

    The rules of remuneration are as follows: a SPONSOR with up to 19 SPONSOREES will be paid 5%, VAT excluded, of the orders of its affiliates, then between 20 and 50 affiliates, the remuneration is 7% VAT excluded and for more than 50 SPONSOREES, the remuneration is 10%.

    The sponsorship program is limited in time, and is only valid for 1 year from the registration of the SPONSOREE. After this period, the SPONSOR will not be paid on the orders of its sponsoree.

  10. Conclusion of an electronic contract

    1. In accordance with article 1369-5 of the French Civil code, the User is irrefutably deemed to have read the general terms of GETFLUENCE and to have accepted them when clicking on the dedicated area to confirm the general terms have been read by the USER.
    2. GETFLUENCE shall acknowledge receipt of this agreement by electronic means without undue delay. Confirmation of acceptance and acknowledgement of receipt are irrefutably deemed to have been received when the USER to whom they are addressed can access them.
  11. Liability of getfluence

    GETFLUENCE is part of the contractual relationship between PUBLISHERS and ADVERTISERS, as a trusted third party.

    Subject to the performance of article 10 of this contract, GETFLUENCE connects professionals together through the PLATFORM, and ensures the respect of the terms of use, within the framework of PARTNERSHIPS initiated only from the GETFLUENCE PLATFORM.

  12. Networks and website access, quality of services – suspension of services

    1. Access to the WEBSITE requires an Internet connection.
    2. The USER acknowledges that the Internet network is subject to possible interruptions and/or slowdowns in its operation and that GETFLUENCE cannot be held liable for this.
    3. GETFLUENCE cannot be held liable for issues related to the USER’s connection to the Internet, computer viruses carried via this network or by another means, or any malicious act carried out via this network or by another means. GETFLUENCE is not liable for any damage caused to the USER’s equipment and/or data or by other means.
    4. GETFLUENCE does not guarantee the continuity of the use of the WEBSITE which may be used by the USER through a remote connection from the Internet network.
    5. Considering the above, GETFLUENCE cannot guarantee the continuity of use of the WEBSITE.
    6. Access to the WEBSITE or to some of its features may be occasionally suspended to allow interventions and maintenance necessary for the proper operation of the WEBSITE.
    7. GETFLUENCE cannot be held responsible for the possible consequences of the unavailability of the service due to a maintenance operation or update of the services.
  13. Confidentiality

    1. The USER receives notifications each time an action on its part is required for the operation of its profile on the WEBSITE.
    2. GETFLUENCE undertakes to make every effort to ensure the confidentiality of the information transmitted by the USER as well as the documents produced for its benefit.
    3. By communicating elements to GETFLUENCE, the USER authorizes GETFLUENCE to provide its partners with the necessary elements in order to benefit from the requested services.
    4. GETFLUENCE undertakes to ensure that its partners respect the same degree of confidentiality as the one to which the Company is bound to.
  14. Securing access to the services

    1. Access to the SERVICES is secured with a password provided to the USER who shall keep it confidential.
    2. The USER shall bear full responsibility for the security information it received. It is responsible for its confidentiality. It can only be changed at its request.
    3. The USER who loses its login shall immediately inform GETFLUENCE.
    4. The USER shall bear responsibility for the protection of the equipment it uses to access the WEBSITE, and protecting its data against any malicious act.
  15. Payment and security of the transactions

    1. Transactions and attached security are ensured by the online payment systems PAYPAL and STRIPE. The USER may also pay by wire transfer. During the registration, the USER is requested to read GETFLUENCE’s General Terms of Conditions which include in particular certification procedures that may arise based on the amount of the transactions.
    2. Confidential information (16-digit credit/debit card number, expiration date, CVV code) is directly transmitted, in encrypted form, to the server of the payment system chosen by the USER; GETFLUENCE does not have access to this information.
  16. General obligations of USERS

    1. USERS represent and warrant that all information provided when creating an account is accurate and up to date in all material respects as of the date it is provided or, where applicable, as of the date to which it relates.
    2. The USER declares that it legitimately holds all the rights relating to the information and documents provided to GETFLUENCE.
    3. By subscribing to the services of GETFLUENCE, the USER undertakes in particular to:
      • comply with the laws and regulations in force,
      • not use the WEBSITE for illegal or abusive purposes, or to behave in an unfair manner,
      • respect the intellectual property rights relating to the contents provided by GETFLUENCE and the USERS on the WEBSITE,
      • only communicate accurate and faithful data regarding its civil status and personal details,
      • respect the legal provisions related to the production and distribution of SPONSORED CONTENT. GETFLUENCE cannot be held liable for the non-compliance with the laws in force applicable of each PUBLISHER.
    4. Any breach of the terms of access to the WEBSITE and/or its terms of use may result in the suspension or termination of the USER’s account.
    5. The USERS acknowledge that they have benefited from an initial connection from GETFLUENCE.
    6. Any solicitation or direct contact between USERS is prohibited once the first contact has been initiated by GETFLUENCE, and this for a period of one calendar year starting from the termination of the account of the last of the USERS concerned.
    7. Any breach of article 16.6, established by any means, shall entitle GETFLUENCE to claim the payment of a penalty equivalent to 20% (exclusive of taxes) of the amount of the contract concluded between the USERS to the detriment of GETFLUENCE, at the latter’s first request. The requested payment shall be made within 30 days of the formalization of the request addressed to the offending parties by registered letter with acknowledgement of receipt.
  17. Specific Obligations of PUBLISHERS

    1. Obligations of PUBLISHERSEach PUBLISHER shall:
      • keep the SPONSORED CONTENT under the terms initially agreed upon with the ADVERTISER when ordering.
      • not move, modify or delete SPONSORED CONTENT during the publication period agreed with the ADVERTISER, unless the terms initially agreed with the ADVERTISER allow it.
      • not modify or remove the hypertext link(s) provided in each SPONSORED CONTENT during the planned publication period, such as the type of link, the attributes of the link, the choice of anchors for these links, unless the terms initially agreed with the ADVERTISER allow it.GETFLUENCE reserves the right to request the immediate refund of the PUBLISHER’s profit related to a PARTNERSHIP which has not been respected by the latter, without time limit, in the event of non-compliance with the obligations.

        The PUBLISHER authorizes GETFLUENCE to deduct directly from the PUBLISHER’s available or future profit, the amount to be refunded in connection with a PARTNERSHIP which has not been respected.

        Moreover, in the event of default and non-compliance with the conditions, GETFLUENCE reserves the right to suspend and delete the offending PUBLISHER’s account and all related data.

    2. Obligations of PUBLISHERS transferring their websitesIn case of transfer of a website by a PUBLISHER who has made PARTNERSHIPS, the PUBLISHER shall ensure that the new owner maintains the PARTNERSHIPS under the terms provided. Otherwise, the PUBLISHER who has benefited from the PARTNERSHIPS will have to refund GETFLUENCE in full for the profit received in relation to the engaged PARTNERSHIPS, and first by the deduction directly by GETFLUENCE of the amounts to be refunded from the amount available for withdrawal from its PUBLISHER account.

      In the event that the PUBLISHER refuses or is not in a position to make a refund, this PUBLISHER’s account may be deleted by GETFLUENCE, as well as all associated websites, without prior notice.

  18. Changes to the general terms

    1. GETFLUENCE shall have the right to modify its general terms at any time without any prior notice.
    2. The USER will be informed of such changes via an email sent to the email address provided when it registered.
    3. The USER will be requested to accept such changes to access to its profile and to services offered on the WEBSITE again.
  19. Intellectual Property

    1. The entire content of the WEBSITE including, but not limited to, graphics, images, texts, videos, animations, sounds, logos, GIFs and icons as well as their formatting are the exclusive property of the company GETFLUENCE with the exception of trademarks, logos or content belonging to other partner companies or authors: any reproduction, distribution, modification, adaptation, retransmission or publication, even in part, of these different elements is strictly forbidden outside of the agreements within the framework of each PARTNERSHIP, allowing their exchange between ADVERTISERS and PUBLISHERS. Any other use requires a written authorization from GETFLUENCE.
    2. This representation or reproduction, by any process whatsoever, constitutes an infringement under articles L.3335-2 and seq. of the French Intellectual Property Code. The non-compliance with this prohibition constitutes a counterfeit which may result in civil and criminal liability for the counterfeiter. Moreover, it is reminded that the owners of the copied contents may take legal action against the offenders on these grounds.
  20. Closure of an account

    1. The USER may close its account at any time, without any specific formalities, bysendinga simple e-mail to [email protected] or from its USER account in its settings.
    2. Theclosure of an account by the USER shall not prevent the payment of the amounts due to GETFLUENCE as soon as the event giving rise to GETFLUENCE’s claim has occurred during the contractual period duly formalized by the acceptance of these general terms.
    3. In the event of breach of these general terms, GETFLUENCE reserves the right to suspend or terminate the account or limit its use.
    4. Subject to the retention 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

    1. In accordance with article 1218 of the French Civil Code, any failure to comply with any of the obligations of this agreement caused by an event of force majeure, as recognized and admitted by the case law of the French Supreme Court, shall release GETFLUENCE from its liability (force majeure being understood, in particular, as an unforeseeable, irresistible event, external to the debtor of the obligation).
    2. If such an event occurs, GETFLUENCE unable to perform its service shall inform the USER by any means as soon as possible.
    3. The suspension or the delay in performing the obligations shall in no case be the ground for liability for the non-performance of said obligation nor the ground for damages, or late penalties.
  22. Applicable law – competent court – dispute resolution

    1. The general terms of conditions shall be governed by French law, to the exclusion of any other laws.
    2. Any claim shall be sent to GETFLUENCE SAS, to the email address [email protected] or to the mailing address of GETFLUENCE’s registered headquarters.
    3. Claims or disputes arising from the use of a service made available to the public by GETFLUENCE shall be subject, before any legal proceedings, of an attempt of amicable settlement. To this end, within 30 days of the dispute arose, the parties shall meet in a place located within the jurisdiction of the TOULOUSE Court of Appeal. If no agreement is reached within 15 days following this meeting, the company GETFLUENCE and the opposed natural or legal person shall regain their freedom to take legal action.
    4. In accordance with article 2254 of the French civil code, no legal action to hold GETFLUENCE civilly liable may be taken later than a calendar year after the claim arose. In the event of a dispute, resulting from the use of a service provided to the USER, the courts within the jurisdiction of the TOULOUSE Court of Appeals shall be the competent courts.