Valid as of: 10 April 2024
Article 1 – Scope of application.
The terms and conditions outlined herein govern all usage of the Pronto services offered through the Pronto domain pronto.com (the “Website”). The Services, as defined below, are provided by Pronto (SIRET : 84023072600019) subject to the Customer's acceptance, without modification, of all terms and conditions contained herein (the "Terms and Conditions").Please read these Terms and Conditions carefully before accessing or using the Services. By opening an Account, the Customer agrees to be bound by the Terms and Conditions presented during the account creation process via a specific checkbox. If the Customer does not agree to all the Terms and Conditions, then the Customer may not access or use the Services. If these Terms and Conditions are considered an offer by Pronto, acceptance is expressly limited to these terms. The Agreement excludes all other general and/or special terms and conditions applied by the Customer. The Services are available only to individuals who are at least 18 years old.
Article 2 – Definitions.
The capitalized terms shall have the meanings ascribed to them:"Customer": Refers to the natural person or legal entity entering into these Terms and Conditions for professional purposes."Data": Refers to all data extracted by Pronto and provided to the Customer as part of the Services."Intellectual Property Rights": Refers to patents, copyrights, trademarks, service marks, domain names, and all similar rights worldwide."Pronto": Refers to the limited liability company, Pronto, or any legal successor."Services": Refers to the services provided by Pronto to assist the Customer in optimizing digital marketing strategies and engagement through innovative tools on the Website."User": Refers to any person authorized by the Customer to access the Services.
Article 3 – Purpose and description of the Services.
These Terms and Conditions aim to define the rules applicable to the Services offered by Pronto, which include various digital marketing and customer engagement tools designed to enhance the Customer's online presence and effectiveness. Pronto grants the Customer the right to access the Services through a Customer Account under the terms outlined below, and the use of the Services is subject to the payment of fees as indicated during the subscription process.
Article 4 – Customer's Pronto Account and conditions to subscribe to the Services.
The Customer must create an account on the Website to use the Services ("Account"). An Account includes a unique identifier (login) and a password or other form of identification as determined by Pronto. The Customer is solely responsible for maintaining the security of the Account and for all activities that occur under the Account. Pronto will not be liable for any acts or omissions by the Customer, including any damages incurred from such acts or omissions.
Article 5 – Use of the Services.The Customer undertakes to use the Services exclusively for professional needs and in compliance with their intended purpose. The Customer must not engage in any activities that would violate applicable laws or infringe on intellectual property rights.
Article 6 – Payment and Invoicing
The Customer agrees to pay the fees corresponding to the subscription plan chosen at the time of registration or ordering of Services. Pronto accepts payments made via credit card, debit card, and wire transfer. Fees are billed on a recurring basis and will be charged according to the terms discussed during the signup process. Should the Customer wish to cancel the subscription, they must do so before the end of the current billing cycle to avoid charges for the next cycle. Pronto will not refund any remaining credits or service time once a subscription is cancelled.
Article 7 – Refunds
Pronto does not offer refunds for any services already provided or any credits used. This is because once the service is rendered or the credits are used, they cannot be restored or reused by Pronto. Unused credits within an active subscription may be rolled over into the next billing period only if the subscription is renewed.
Article 8 – Customer Support
Customer support is available through email and live chat. Support requests via live chat are addressed promptly during business hours, while email inquiries will receive a response within one to three business days. The quality and promptness of support may vary based on the demand and the nature of the inquiry.
Article 9 – Intellectual Property Rights
The use of the Services does not grant the Customer any rights to the intellectual property of Pronto or its licensors. All rights, titles, and interests in and to such properties will remain solely with Pronto. The Services and all rights therein are and shall remain the property of Pronto. No rights are granted to the Customer except as expressly set forth in these Terms and Conditions.
Article 10 – Customer's Responsibilities
The Customer is responsible for all activity conducted under their account and must use the Services lawfully and only for the intended purposes defined in these Terms and Conditions. Unauthorized use of the Services, including but not limited to, unauthorized entry into Pronto’s systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.
Article 11 – Termination
Pronto may terminate the Services and these Terms and Conditions at any time without notice if the Customer violates any of the terms of these agreements. Additionally, Pronto may discontinue the Services or any part thereof at any time, which may result in the loss of data. The Customer agrees that Pronto will not be liable for any such termination or discontinuation.
Article 12 – Modifications to Terms
Pronto reserves the right to modify these Terms and Conditions at any time. Such modifications will be effective immediately upon posting the modified terms on the Website. Continued use of the Services after any such changes shall constitute the Customer’s consent to such changes.
Article 13 – Limitation of Liability
Under no circumstances shall Pronto be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from the use of the Services or any other claim related in any way to the Customer's use of the Services. Pronto’s liability in such jurisdictions shall be limited to the extent permitted by law.
Article 14 – Indemnification
The Customer agrees to indemnify and hold harmless Pronto, its officers, directors, employees, and agents, from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from the Customer's use of and access to the Services, or from or in connection with the Customer's violation of these Terms and Conditions.
Article 15 – Confidentiality
Both parties agree to maintain the confidentiality of any proprietary information received during the course of the service, except as otherwise required by law or if such information is in the public domain or already in the recipient’s possession.
Article 16 – General Provisions
These Terms and Conditions constitute the entire agreement between the Customer and Pronto concerning the Services and supersede all prior agreements or communications. The failure of Pronto to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
Article 17 – Governing Law and Jurisdiction
These Terms and Conditions and the relationship between the Customer and Pronto shall be governed by the laws of France without regard to its conflict of law provisions. The courts of Paris shall have exclusive jurisdiction over any disputes arising from or related to these Terms and Conditions or the Services provided.This document serves as a comprehensive guide for the rights and responsibilities of both the Customer and Pronto. It is highly recommended to have legal counsel review this document to ensure compliance with local laws and regulations applicable to your business operations.
Article 18 – Data Protection
Pronto is committed to protecting the privacy and security of the personal data it processes. The handling of all personal data is conducted in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR). Pronto processes personal data only as necessary for the provision of the Services and as further described in our Privacy Policy available on the Website.
Article 19 – Force Majeure
Neither party shall be liable for any failure to perform its obligations under these Terms and Conditions if such failure is caused by the occurrence of unforeseen events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Article 20 – Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms and Conditions, will be in writing and given by Pronto (i) via email (in each case to the address that the Customer provides) or (ii) by posting to the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Article 21 – Waiver and Severability
No waiver by either party of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pronto to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Article 22 – Entire Agreement
These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between the Customer and Pronto with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.
Article 23 – Feedback and Comments
Pronto encourages feedback from its Customers. Any feedback or comments related to the Services provided by Pronto may be used in promotional materials or to improve the Services. The Customer grants Pronto a perpetual, non-exclusive, royalty-free license to use such feedback in its business operations.
Article 24 – Assignment
The Customer may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without Pronto’s prior written consent. Any attempt by the Customer to assign or transfer these Terms and Conditions, without such consent, will be null and of no effect. Pronto may freely assign or transfer these Terms and Conditions without restriction. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Article 25 – Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of France. The parties irrevocably consent to bring any action to enforce these Terms and Conditions in the federal or state courts located in Paris, France.This comprehensive framework of Terms and Conditions ensures both parties understand their rights and obligations within the scope of Pronto's services. Customers should review these terms carefully and consult with legal advisors to ensure comprehension and agreement.
This policy covers the following key areas: Our Commitment to Privacy: Pronto is dedicated to respecting and protecting your privacy, ensuring the confidentiality and security of your personal data when you use our Services or when your information is included within the business profiles we make available to our users. Scope of Policy: This policy extends to all users of our Services, whether you are accessing Pronto’s website, using our Services as a registered user, appearing in our database as a Business Profile, or visiting as an unregistered Visitor. It also explains our practices when we provide our Services to clients and when we process personal data obtained from public sources or third parties. Data Processing and Your Rights: We explain the basis on which we collect, use, and disclose your personal data, ensuring compliance with all applicable data protection laws. Pronto, acting as a data controller, outlines why our processing of your data is lawful, who we may share your information with, and how we use that information. Contacting Us: If you have any questions or comments about this Privacy Policy, we provide contact details for you to reach out to us. This Privacy Policy is under regular review, with the latest version reflecting our current practices and legal obligations. By using Pronto’s Services, you acknowledge the practices and policies outlined in this document.
What personal information does Pronto process? Under the General Data Protection Regulation ("GDPR"), there is a clear distinction between the roles of “Controllers” and “Processors” of personal data. A "Controller" is responsible for determining the purposes and means of processing personal data, whereas a "Processor" processes personal data on behalf of the controller, following the controller’s instructions. Pronto operates in both capacities, as detailed below, adhering to the legal requirements for processing personal data as mandated by the GDPR.
As a "Controller," Pronto processes data in several scenarios:Website Visitation (Visitor Data): When individuals visit Pronto's website, the company tracks usage, including pages visited and session duration, utilizing information such as IP addresses, geolocation, browser types, and website usage history. Cookies may be employed for tracking across sessions. Pronto justifies this processing on the basis of legitimate business interests, retaining the data for no longer than 14 months post-collection.Account Creation (Account Data): For users creating a Pronto account, the company collects email addresses, full names, phone numbers, and payment/billing addresses, where applicable. This data facilitates access to services, enables business relations, account authentication, and communication about services and updates. The legal basis for processing Account Data is contractual necessity, with data retention until users opt to delete their accounts, subject to specific exceptions detailed in the policy.Webinars and Newsletters: When users register for Pronto webinars or subscribe to newsletters, Pronto collects names and email addresses, relying on user consent for processing. Data is retained as necessary for the intended purpose.Service Usage (Usage Data): Pronto monitors service usage through its sites, API, and add-ons, logging requests and collecting data on feature usage, user feedback, geolocation, payment information, and browser details. This data supports user experience enhancement and fraud prevention, with a retention period of 3 months.
User Support (Support Data): When users contact Pronto’s support, the company processes usage data, names, contact information, subscription details, and account data as necessary to provide support. This data is retained for up to 6 months post-account deletion or 9 months for non-logged-in user interactions.Public Web Data Collection (Profile Data): Pronto crawls public web pages to gather professional profile data, operating under legitimate business interests and storing this data as long as it remains publicly available or until removal is requested.
As a "Processor," Pronto manages data in several contexts, including:Account Management and Data Enrichment: Pronto processes account settings, profile information, and enrichment tasks on behalf of users, retaining this data as long as the user account remains active.
Contact Management: Users can manage contact lists, with Pronto processing personal information for as long as the user’s account is active.In situations where Pronto acts as a Processor, the company processes personal data as instructed by its clients, who are the Controllers responsible for ensuring lawful processing and handling data subject rights requests under applicable laws. Pronto's obligations as a Processor are outlined in agreements with its clients and are guided by this policy.
This consolidated policy reflects Pronto's commitment to data protection and privacy, detailing its roles and responsibilities in processing personal data under GDPR, ensuring transparency and compliance in its operations as both a Controller and Processor.Your rights and choices You have the following rights in relation to the personal data that we hold about you:To access your personal data, and some related information as described in the section below "Know if we have information concerning you and what that information is." In particular, you have the right to obtain confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to the personal data and the following information:If you're in our database;Exactly what data we hold;The purposes of the processing;How long the data will be kept;On what legal bases the data has been processed.
To require any inaccurate personal data to be rectified, completed including by means of providing a supplementary statement. If you’re a Pronto User, you can log in to your Pronto account and update your information.
To require us to delete the personal data in certain circumstances provided by law;To require us to restrict or block the processing of your personal data in certain circumstances (when processing is restricted, we can still store your personal data, but may not use it further);To obtain from us your personal data, in a structured, commonly used and machine-readable format in certain circumstances. Further, you may have the right to require us to transmit your personal data directly to another person where it is technically feasible to do so;To object to our use of your personal data for direct marketing purposes at any time and you may have the right to object to our processing of some or all of your personal data (and require them to be deleted) in some other circumstances;Where we are processing your personal data based on your consent to such processing, to withdraw your consent at any time.
Service providers helping us manage your data When Pronto engages third-party service providers in its capacity as a data processor for Pronto Users’ personal data, the GDPR calls these providers sub-processors.
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How do you contact us? If you have questions about this policy or to exercise your rights, write to us at contact@prontohq.com. If you have any concerns about our use of your personal information, you can make a complaint to us at contact@prontohq.com.