1. Introduction
We are SalesGang s.r.o., a limited liability company incorporated under the laws of the Czech Republic, company ID No.: 107 25 032, with its registered office at Radniční 133/1, České Budějovice 1, Postal Code 370 01 České Budějovice, Czech Republic, registered in the Commercial Register maintained by the Regional Court in České Budějovice under file No. C 30890 (“SalesGang” or “we”) which has developed and been operating a Platform available at http://salesgang.io (the “Platform”).
The Platform allows you to analyse and manage your CRM data and use the related services (the “Services”). By registering in and using the Platform you enter into an agreement on provision of the Services with us (the “Agreement”). Please note that we are entering into the Agreement as entrepreneurs, therefore no consumer rights apply to our business relationship.
These terms and conditions (the “Terms”) govern mutual rights and obligations between us arising from your using the Platform and provision of the Services and apply to any registered user using the Platform via the admin account or permission link generated under admin account (“you”). These Terms are an integral part of the Agreement.
Your access to the Platform and using the Services are conditioned by acceptance of and compliance with these Terms.
Please read these Terms carefully before you start using the Platform and our Services. By accessing and the Platform you accept these Terms and agree to be bound by them. If you disagree with any part of the Terms, you may not use the Platform and be provided with our Services.
We may make changes to these Terms. When we do it you will be provided with a notice via the Platform and your admin account. In some cases, we will notify you in advance via the email. If you continue using the Platform and our Services after the changes have been made it will constitute your acceptance these changes. If you do not wish to continue using the Platform under the new version of the Terms, you may terminate your admin account and stop using the Platform.
These Terms take precedence over the provisions of the applicable legislation from which they may depart from.
2. Let’s start using the Platform
To use the Platform as admin, it is necessary to:
• create an admin account via the Platform (the “Admin Account”) upon its completion you become a registered admin who is authorised to connect the Admin Account with supported CRM systems available here (“CRM systems”),
• conclude data processing agreement with us, which forms Annex No. 1 to these Terms, and • sign in with existing Admin Account.
Upon the completion of the Admin Account´s registration you will be authorised to connect your CRM systems within the Admin Account and generate permission links for your registered users within your company.
Before uploading any data into your Admin Account interface, you, as registered admin, have to enter into the Data Processing Agreement with us via the Admin Account which is attached as Annex 1 to these Terms. Once these steps are performed SalesGang arranges for public API of the supported CRM systems to make you see the dashboard with relevant data.
To use the Platform as registered user, it is necessary to:
• get a permission link to the Platform from the registered admin generated via the Admin Account which transfers you to the user interface, and
• create a registered user account via the user interface (the “Registered User Account”). 3. Creation of the account
The Admin Account and/or Registered User Account is created by
• filling in and submitting your information (valid contact e-mail address and password) through the Platform,
• granting consent with these Terms and Privacy Policy available here, and
• confirmation of your registration through e-mail sent to your e-mail address specified within the Admin Account.
While creating the Admin Account you need to fill in the following information as well: • business name,
• identification number and VAT identification number if applicable,
• address of the registered office,
• credit card details or bank account details (payment details).
You undertake to provide us with accurate, complete and updated information. You must keep the Admin Account and/or Registered User Account credentials and login information confidential and may not share the Admin Account and/or Registered User Account credentials and login information with anyone unless permitted by these Terms. You must notify us immediately of any unauthorised access to the Admin Account and/or Registered User Account or any other breach or possible breach of security.
We reserve the right to disable any Admin Account and/or Registered User Account, at any time and in our sole discretion, if in our opinion you have failed to comply with any of the provisions of these Terms.
You acknowledge that the Admin Account and/or Registered User Account can be inaccessible for a limited period of time due to the necessary hardware and/or software maintenance of the server or in cases of temporary server shutdown.
4. Scope of the Services
The Services consist in downloading the data from the supported CRM systems and issuing a periodical analysis of the data and other services on demand via Admin Account and/or Registered User Account (e.g. consultancy, increased support or other services listed here).
The Platform allows Admin Accounts to choose between following options of the Services:
• Free – free version of the Platform where no payment is required and you can access the Services with limited functionality once your Registered User Account or Admin Account is activated; or
• Premium – paid version of the Platform which requires payment subscription (monthly or annual) to access such Services. The particular pricing and the benefits of the Premium are available at www.salesgang.io/price.
We offer you a free trial version of the Platform that gives you access to the features of Premium for 14 days without payment (a “Trial”). We are authorised to determine your Trial, and/or withdraw or modify a Trial at any time without prior notice and with no liability. You are also always welcomed to withdraw the Trial to access the Premium or cancel it with no liability too. After the Trial lapses, the Platform will automatically switch to the free version. However, we will be glad if you keep us in your good graces and enter your payment and billing details to continue in the Premium.
We reserve the right to modify, terminate or otherwise amend our offered Services and any promotional offerings at any time in accordance with these Terms.
The Platform may not be always accessible due to the planned maintenance and updates of our software. If possible, we inform you about such planned restriction in advance, via e-mail or via the Platform interface.
5. Payments and billing
While creating the Admin Account, the applicable subscription fee will be displayed to you depending on the chosen Service option (the “Subscription Fee”). Otherwise, you can always visit our website for pricing – www.salesgang.io/price.
The Subscription Fee will only be charged if you choose the Premium version of the Platform after the Trial lapses. If not, your account will be switched to the Free version.
The Subscription Fee will be paid online via a payment gate of the third-party tools (e.g. Stripe, Paddle) in advance on monthly or annual basis.
Your payment of the Subscription Fee will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the subscription period. The cancellation will take effect the day after the last day of the current subscription period and you will be downgraded to the free version of the Service. We do not provide refunds or credits for any partial subscription periods.
We issue an invoice for each payment after the Subscription Fee has been paid. This invoice will meet the requirements of tax and accounting regulations of the locally relevant jurisdictions and will be send to you electronically also via the third-party tools (e.g. Chargebee). VAT is added to each Subscription Fee according to the locally relevant jurisdiction.
In case the provision of the Services requires a payment of the Subscription Fee and such payment of the Subscription Fee is not successfully paid, we will switch your account to the free version or we may also suspend your access to the Platform until the payment is successfully processed.
We may change the Subscription Fee and will communicate any Subscription Fee changes to you in advance and, if applicable, how to accept those changes. Subscription Fee changes will take effect at the start of the next subscription period following the date of the Subscription Fee change. If you wish to continue using the Services, you will need to re-authorise your payment. If you do not re-authorise your payment, we will swich your account to the free version or we may also suspend your access to the Platform until the payment is successfully processed.
You can always request the deletion of your account and data at your own will.
6. Intellectual property rights
Intellectual property rights associated with the Platform and its contents are the sole property of SalesGang or its affiliates. We reserve all rights to its intellectual property rights which are contained in,
published at and/or provided through Platform. We are the exclusive and unlimited holder of all economic and, to the maximum extent possible and permitted by respective laws, moral rights to the Platform software except the Third- Party Software. The Platform is protected by copyright.
The Platform may include software, code and libraries licensed to us by third parties, including open source software (“Third-Party Software”). All Third-Party Software is provided to you under the respective terms and conditions.
We grant you limited, non-exclusive, revocable right to use the Platform in the extent allowed by the respective Admin Account and/or Registered User Account (the “Licence”). The Licence shall remain in effect until the termination of the Admin Account and/or Registered User Account.
The Platform software and applications are not transferred, assigned, sold or leased to you, and we retain ownership of all copies of the Platform software and applications even if you use it on your personal computers, mobile handsets, tablets, and/or other devices.
You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the intellectual rights to the Platform in any way without our prior written permission.
All our trademarks, business names, logos, domain names, and any other features of SalesGang brand are the sole property of SalesGang. We do not grant you any rights to use any of its brands whether for commercial or non-commercial use.
7. User Content
We reserve the right to edit or remove any your uploaded or posted content or data through the Platform (i.e. through Admin Account and/or Registered User Account) if, in our opinion, your content or data does not comply with these Terms and our content or data standards policy.
Your content or data, in particular, but not limited to, does not comply if you do or share anything that: - is unlawful, misleading, discriminatory, defamatory or fraudulent;
- infringes or violates the rights of others, including their intellectual property rights.
You may not upload viruses or malicious code or do anything that could block, overburden or impair the proper functioning or appearance of our services.
You must not access or collect data from our services by automated means or attempt to access data that you are not authorised to access.
8. Limitation of the liability
We are not liable to any user for any loss or damage, whether direct or indirect, any breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use the Platform; or
• use of or reliance on any content displayed on the Platform;
• for the correctness and completeness of the information provided by you to any other Platform user;
• for the content provided and/or published by the users through the Platform and for the possible breach of the third party right by using, providing and/or publishing the content through the Platform;
• for the links to a third-party website (e.g. the banner advertisement); by providing these links, we are not endorsing, sponsoring or recommending such sites;
• for malfunction and non-accessibility of the Platform caused by the vis mayor, e.g. third-party acting, hacker-attacks, software or hardware failure;
• for any claims between the users themselves;
If you are a business entity or entrepreneur, please note that, in particular, we are not liable for: • loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
In particular, we are not liable for any loss or damage that can arise from miscalculation of data for sales metrics.
We are not liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
9. Complaints and technical issues
In case there is a technical issue or you have a complaint regarding any part of the Services you must notify us about such issue or complaint and we will consequently investigate circumstances of described problem and inform you about the result of it and about the steps we will take.
You may notify us:
• via the Platform in-app chat; or
• through e-mail address: support@salesgang.io
We will respond your complaint within 30 days (at the latest) after such complaint was received. You are not entitled to be reimbursed for any costs related to the complaint.
10. Business Information Protection
At SalesGang, we absolutely care about your business and sales data. That is why we make every effort to secure and protect them.
For the avoidance of doubt, we confirm that all information which comes to the attention of the parties in the performance or in connection with the performance of the Agreement is confidential or constitutes a trade secret. We shall keep the confidential information strictly confidential and shall ensure it confidentiality.
The obligation of confidentiality under this Article of the Agreement means, in particular but not limited to, the obligation to refrain from any act by which the confidential information would be disclosed or made available in any form to a third party.
11. Personal Data Protection
We absolutely care about your personal data. That is why we make every effort to secure and protect them.
You take into account that we process your personal data for purpose of providing the Services under the applicable laws related to processing and protection of personal data, especially (but not limited to) under 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, and repealing Directive 95/46/EC (General Data Protection Regulation). Further details regarding processing of personal data of the users; further information on how we process these personal data is available here (privacy policy).
In order to use the Services, you agree to enter into a Data Processing Agreement with us, which is attached as Annex No. 1 to these Terms and forms an integral part of the Terms.
12. Term and Termination of the Service Agreement
The contractual relationship between us expires when
• the paid period of providing paid Services lapses and such period is not extended by another payment of the Subscription Fee according to the conditions stated above and you terminate even the free version of the Services;
• a Trial period comes to an end and you terminate even the free version of the Services; • the Registered User Account or Admin Account is cancelled and deleted;
• the Agreement is terminated by any of its party.
Any termination of the contractual relationship between us does not affect our right to use data acquired (except for personal data) during the contractual relationship.
13. Final provisions
These Terms are drawn up in English language and governed by Czech law. Any dispute relating to or arising out of the Terms, Agreement, provision of the Services or related to their violation, termination or nullity which has not been settled amicably, shall be settled by mutual agreement as much as feasible, or as a last resort by Czech courts according to the laws of the Czech Republic. Any disputes between the Parties shall be resolved by the court with the subject matter and local jurisdiction based on the registered office of the SalesGang.
Should any provision of the Terms be or become invalid or ineffective, such invalid provision shall be replaced by a provision that comes as close as possible to the meaning of the invalid provision. The invalidity or ineffectiveness of one provision will not affect the validity of the remaining provisions.
You may use the following SalesGang contact details for communication with us: Mailing address: Radniční 1, České Budejovice, Czech Republic
E-mail address: info@salesgang.io
Annex No. 1:
Data Processing Agreement
In České Budějovice on April 1, 2022.
Annex No. 1
DATA PROCESSING AGREEMENT
(the “DPA”)
1. Introduction
1.1. This DPA is entered into under Article 28 of the Regulation (EU) 2016/679 of the European Parliament and of the Council 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) (“Regulation”).
1.2. All capitalised terms used in this Agreement shall have the same meaning as in the T&C to which this DPA is annexed, unless otherwise stated.
1.3. We, SalesGang s.r.o., a limited liability company incorporated under the laws of the Czech Republic, company ID No.: 107 25 032, with its registered office at Radniční 133/1, České Budějovice 1, Postal Code 370 01 České Budějovice, Czech Republic, registered in the Commercial Register maintained by the County Court in České Budějovice under file No. C 30890, as the processor of personal data ("Processor" for the purposes of this DPA) and you, as the controller of personal data ("Controller" for the purposes of this DPA), have entered into an agreement for the provision of the specific CRM services (“Agreement”). Under the Agreement, personal data is transferred by the Controller to the Processor and subsequently processed by the Processor. The purpose of the processing of the personal data and the financial means for such processing are determined and provided by the Controller and the Processor further processes the personal data for the Controller within the limits of this DPA (the Controller and the Processor together also referred to as ("Parties").
1.4. This DPA defines rights and obligations of the Parties during such a personal data processing.
2. Personal Data Processing
2.1. The Processor will process the following personal data for the Controller: a) name and surname of the data subject;
b) business name of the data subject;
c) e-mail address of the data subject;
d) phone number of the data subject;
e) address of the data subject;
f) VAT number of the data subject;
g) data on mutual communication.
(altogether "Personal Data")
2.2. The Processor shall process the Personal Data for the purpose of providing the Services under the Agreement for the duration of the Agreement.
2.3. The Controller is entitled to extend the purpose of the processing in accordance with law, whereby the instruction for further processing may only be communicated to the Processor in writing. For the purposes of this DPA, e-mail communication between the Parties shall also be deemed to be in writing.
2.4. The processing will be carried out in such a way that, in particular, the Personal Data referred to in Article 2.1. of this DPA will be uploaded by the Controller to the Platform, either individually or by entering the entire database of the Personal Data.
3. Rights and Obligations of the Parties
3.1. The Processor undertakes to take technical, organizational and other measures that shall prevent unauthorized or accidental access to the Personal Data, their change, destruction, loss or other unauthorized treatment of the Personal Data. In particular the Processor undertakes:
a) to use secured access to server where such Personal Data are stored, where accesses to servers are known only to the Processor;
b) to use secured access to database of the Personal Data, the Processor shall be obliged to enter the accesses in such manner so that they were not displayed, stored and made available for any third party;
c) to use the processing software and services that comply with standard requirements for data security and standards set by the European Union;
d) not to make copies of the Personal Data without prior consent of you as the Controller;
e) use suitable methods of security, e.g. encryption or other convenient and necessary means always depending on particular act and data;
f) not to allow access to the Personal Data for the third parties (except for the 3rd party developers, who are bound by strict confidentiality), unless such access is approved by you as the Controller or unless it arises hereunder;
g) to maintain confidentiality regarding the Personal Data;
h) to process Personal Data in the form in which they were transferred by the Controller;
i) to process the Personal Data only for the purpose defined hereby and solely to the extent necessary for fulfilment of such purpose;
j) to keep the Personal Data only for the period set by you.
3.2. The Processor also undertakes to:
a) to process the Personal Data in the form in which they were submitted to it by the Controller; however, the Processor is entitled to remove such data subjects and their Personal Data who contact the Processor with a request for deletion, even without the Controller's consent;
b) only process Personal Data for the purposes set out in the Agreement and this DPA to the extent necessary to fulfil those purposes;
c) not aggregate Personal Data that has been collected for different purposes;
d) retain Personal Data only for the period specified by the Controller, in particular for the period specified in the Controller´s information obligation;
e) ensure that the employees and other persons authorized to process the Personal Data process the Personal Data only in the scope and for the purpose under this DPA and under the applicable legal regulations;
f) correct, update, delete or relocate the Personal Data as instructed by the Controller without undue delay after such request;
g) act with professional care, follow the instructions of the Controller and act in accordance with the interests of the Controller when performing the obligations under the DPA. If the Processor discovers that the Controller is in breach of the Controller's obligations imposed by the Regulation or other generally binding regulations, it shall immediately notify the Controller;
h) provide you with any and all information necessary for proving that the duties stipulated by this DPA or by the Regulation and other general binding legal regulations related to the personal data were fulfilled and allow you or third party to carry out audit in a reasonable scope. Audit must be notified well in advance, at least 30 days before the audit and it must not intervene unreasonably in our activities. The costs of the audit that are not caused by a clear breach of the obligations of the Processor shall be borne by the Controller.
3.3. The Controller is obliged to:
a) enter into the Platform only correct and up-to-date Personal Data and only work with such Personal Data;
b) take all organisational measures to deal with objections, complaints and other suggestions from Personal Data subjects;
c) comply with obligations under this DPA, the Regulation and other generally binding regulations, in particular to comply with the information obligation towards the subjects of Personal Data;
d) ensure the appropriate legal title for the processing of each Personal Data; e) use appropriate means of security depending on the specific conduct and data;
f) use secure access to the Platform whereby access to the Platform will be known only to the Controller;
g) carefully consider the lawfulness of the processing of categories of Personal Data and individual Personal Data before entering it into the Platform;
3.4. Both the Processor and the Controller undertake to comply with the obligations set out in the Regulation and other applicable generally binding legal regulations when processing Personal Data on the basis of this DPA.
3.5. In the case that objection of a data subject under Article 21 Section 1 of the Regulation meant for the Controller is found a legitimate, the Parties undertake to remove the detrimental situation without undue delay after written notice or call. E-mail communication between the Parties shall also be deemed as in writing.
3.6. The Processor is entitled to involve other processors in the processing of Personal Data, in particular, but not limited to, storage and cloud solution providers, operators of other software necessary and currently available on the market for the purposes of the services that meet the standards set by the European Union, and other service providers necessary to fulfil the purpose of this DPA and the Agreement, without additional explicit specific permission from the Controller.
4. Term of the DPA
4.1. This DPA is effective for the duration of the contractual relationship between the Controller and the Processor under the Agreement.
4.2. In the event of any termination of the DPA or termination of the processing of Personal Data, the Processor shall be obliged to destroy the Personal Data within 6 months of the termination of the DPA, unless otherwise stipulated in this DPA and the Agreement, in particular if there is another legal reason for processing the Personal Data.
5. Confidentiality
5.1. The Processor undertakes to maintain confidentiality concerning the processed Personal Data or safety measures taken to secure personal data protection, in particular we must not publish them, spread them or transfer to other persons except for the persons in employment or similar relation with us or other authorized persons charged with the Personal Data processing.
5.2. The Processor is obliged to ensure that also our employees and other authorized persons observe the duty of confidentiality.
6. Liability
6.1. If the Processor breaches its obligations under the DPA or the Regulation or other generally binding regulations relating to the protection of Personal Data, the Processor shall be liable for damages resulting from such breach. However, the Processor shall not be liable for unauthorised processing of Personal Data by the Controller.
7. Final Provisions
7.1. Any invalid or unenforceable provision of this DPA will not affect whether any other provision is valid or enforceable.
7.2. If any provision of this DPA is or becomes invalid or ineffective, it will be replaced by a provision that comes as close as possible to the meaning of the invalid provision. The invalidity or ineffectiveness of one provision will not affect the validity of the remaining provisions.
7.3. Parties undertake to provide each other with all the necessary assistance and data to secure effective implementation hereof, in particular in the case of dealing with the respective public office for personal data protection or other public authorities.
7.4. This DPA is written in English and governed by the laws of the Czech Republic. This DPA shall prevail over the provisions of the legislation from which they may depart from. Any disputes that arise between the Parties shall be heard and resolved by the Czech courts in the jurisdiction based on our registered office.
7.5. This DPA is concluded in writing at the time of conclusion of the main contractual relationship between the Parties, i.e. conclusion of the Agreement.