General conditions, cookies and privacy

Contents of this document:

Last revision: 2 October 2018

 


Part 1: terms and conditions applicable to all users of the application

1.

These General Terms and Conditions apply to every use of the application app.huskymarketingplanner.com (hereinafter referred to as the "Application"), regardless of whether the user has a subscription to the services of Husky or not, or how the agreements were concluded between Husky and its customers. For this last category, the additional terms and conditions in part 2 of these General Terms and Conditions also apply. The Privacy Policy as stated in part 3 of these General Terms and Conditions, where relevant, also applies to any user of the Application and, in any event, applicable in full to customers.

The goal of Husky consists of offering a tool via the Application with which the user is able to digitally develop and manage their marketing plans and marketing policies.

Through the use of the Application, the user declares that they have read and agree to these General Terms and Conditions and accept their application.

If the user however does not comply with the General Terms and Conditions, Husky reserves the right to refuse access to the Application for this person and, if applicable, to make a claim for appropriate damages.

Husky Marketing Planner BVBA has its registered offices at Kortrijksesteenweg 129, 9830 Sint-Martens-Latem (Belgium) and company number BE 0663.992.516.

Only these General Terms and Conditions apply to the agreements between Husky and the user/customer, without the latter being able to take recourse to any of its own general terms and conditions.

2.

The logos, texts, photos, names and in general all communication on the part of Husky are protected by intellectual property rights that are held either by Husky, or by the suppliers of Husky or other copyright holders.

It is forbidden to make use of and/or to make changes to the intellectual property rights as described in this article without the prior, express written permission of Husky.

Husky has the right to modify the Application at any time without having to notify the user. 

If the Application should contain references or a link to the website(s) of third parties that are not managed by Husky, Husky can in no way be held liable for the content of this/these website(s) or for the privacy policy that is applied at this/these website(s).

3.

Except in the case of fraud, willful misconduct or gross negligence, Husky cannot be held contractually or extra-contractually liable for any indirect, immaterial or consequential damages that may arise on the part of the user of the Application as a result of any failure by Husky in the performance of its obligations towards the user. 

Husky cannot be held liable either for any damage or inconvenience the user might experience if the Application is interrupted for a certain period of time. The user accepts that Husky cannot guarantee uninterrupted access to the Application.

Husky will, however, take all commercially reasonable measures to provide the best possible operation of the Application.

4.

These General Terms and Conditions are subject to Belgian law, regardless of the place of residence or domicile of the user of the Application.

For any disputes regarding the interpretation, validity or execution of these General Terms and Conditions and any related disputes concerning wrongful acts, only the courts of the judicial district of East Flanders/Ghent, Ghent division have jurisdiction.

The nullity or non-opposability of one or more provisions of these General Terms and Conditions shall be without prejudice to the application of the other provisions.

 


Part 2: terms and conditions for customers

1.

In order to make use of the application, the visitor will need to purchase a subscription via app.huskymarketingplanner.com and pay the subscription fee specified on the website www.huskymarketingplanner.com in accordance with the provisions in part 2 of these General Terms and Conditions.

The creation process for such subscription is via the Application, where the customer will have to enter their personal details. 

During the creation process, the customer will confirm their express agreement to the General Terms and Conditions including the Privacy Policy by checking the box next to "I agree to the general terms and conditions and privacy policy". Completing the production process by the customer is regarded as definitive acceptance of the application of these General Terms and Conditions. At that time, the agreement (hereinafter referred to as the "Agreement") is definitively closed.

2.

To be able to create a profile in order to purchase a subscription to the Application, the customer must have reached the age of majority or have the consent of their parents or guardian.

When creating the profile no incorrect data or the identity of another person may be used, nor temporary email addresses.

If Husky determines that when creating a profile or when using the Application the customer has not complied with one or more provisions of these General Terms and Conditions, Husky can decide to prohibit access to the Application and remove the profile created by this customer.

It is strictly forbidden for the creator of the profile to share their login details and password with third parties and they must take all appropriate measures to prevent the use by a third party of their login/profile. They are is responsible for every action that may be carried out on the Application via their profile even if this action has not been taken by them. If the user does decide to provide data from their login to a third party - in a "read only" format or in a fully accessible version, this is done under the full responsibility of the customer.

3.

By concluding the Agreement, the customer undertakes to create one or more marketing plans via the application subject to the payment of the price due therefore to Husky.

Since the customer has the opportunity, prior to the conclusion of the Agreement, during a free 14-day trial period to try out the Application free of charge and without obligation in a fully accessible version, the customer does not have any entitlement whatsoever to any repayment of sums already paid if after the conclusion of the Agreement they want to end it prematurely.

4.

An agreement is entered into for a period of one year, which period starts from the receipt by Husky of the payment of the invoice by the customer. This payment shall be made either via VISA, MasterCard, Paypal or an online booking at the time of the conclusion of the Agreement through the Application, or by bank transfer. Up to the time that Husky has received the payment, the customer will be able to continue to use the Application at least in a "read only" format.

In no way will the Agreement be automatically renewed. It is up to the customer to renew their Agreement, each time for a period of one year. Husky will inform the customer in a timely manner, prior to the end of the Agreement and invite the customer to extend the Agreement.

If the customer wishes to renew the Agreement, they will be notified of this at least 14 days before the expiry of the preceding period by Husky by email and via an alert in the Application. The customer must then go through the subscription process again, in accordance with the rates and procedures stated at that time. The extension comes into effect at the moment when Husky has received the payment. For the period between the expiry of the current subscription period until the payment for the renewal of the subscription, the customer will only be able to use the Application in "read only" format. After confirming the subscription renewal, Husky will provide the customer with an invoice for this extension.

If, after entering into the Agreement, the customer decides at a later date to add one or more marketing plans, a new Agreement will be closed (by going through the subscription procedure again within the Application) and at that moment a new period of one year starts. If the original period under the earlier Agreement was not yet fully elapsed, as regards the period not yet spent under that earlier Agreement a set-off shall be made on the payment under the new Agreement.

5.

The customer is responsible for uploading data and other data that they wish to enter in the implementation of the Application. All these files together may not exceed the size of 1 GB of disk storage per customer.

The customer also guarantees that this data does not violate the (intellectual) rights of third parties and shall indemnify Husky for any claim concerning this that may be directed against Husky by a third party.

Husky is in no way responsible for the content and accuracy of these data or other data when using the Application. Husky commits to handle all data to which they have access through the Application in a confidential manner.

Husky shall take appropriate security precautions and precautionary measures to prevent the loss, misuse, alteration, destruction or unlawful transfer to third parties of the data entered by the customer and other business sensitive data as much as possible. If Husky should decide to outsource this processing to a third party, it will ensure that the third party can guarantee a level of protection at least equivalent to that which Husky itself provides.

Except in the case of fraud, willful misconduct or gross negligence, Husky cannot be held contractually or extra-contractually liable for any indirect, immaterial or consequential damages that may arise on the part of the customer as a result of any failure by Husky in the performance of its these obligations.

6.

The prices as shown in and applicable to the Agreement are exclusive of VAT.

After receipt of payment, Husky sends its invoice to the customer. Payment is made immediately after the approval of the Agreement. In the case of a bank transfer, an administrative processing period of 14 days is allowed before the amount must be received.

In the event that the invoice is not paid by its due date, the customer will temporarily only be able to use the Application in "read only" format until such time as Husky has received the payment.

7.

Husky does not offer any guarantee whatsoever concerning the commercial success or any result by the use of the Application and marketing plans generated through the Application.

 


Part 3: Privacy Policy

1.

Following the creation of a profile in the Application, Husky processes certain personal data of the user.

The user has the right to access these data and to improve or add to certain incorrect or incomplete data. He/she can do it themselves via the profile settings in the Application, or contact the Husky support department at the email address support@huskymarketingplanner.com or by post addressed to Husky Marketing Planner at Kortrijksesteenweg 129, 9830 Sint-Martens-Latem.

Husky has reported this processing of personal data to the Commission for the Protection of Privacy (Commissie voor de Bescherming van de Persoonlijke Levenssfeer).

Additional information on the protection of personal data and in particular sensitive data, subject to the Belgian law of 8 December 1992 or future binding legislation on the protection of personal data, can be obtained by contacting the commission for the protection of privacy at Drukpersstraat 35, 1000 Brussels (www.privacycommission.be).

2.

The personal data will be processed for the following purposes:

Husky will not communicate the personal data to third parties without the user's consent. 

The personal data will be kept as long as it is still reasonably useful for the specified purposes of the processing.

3.

The Application uses cookies to store information about the user and visitor of the Application, including the user’s personal preferences when using the Application.

The user has the right to object to the use of cookies by setting this in their internet browser and can revoke the consent granted. To this end, they can contact the Husky support department at the email address support@huskymarketingplanner.com or by post addressed to Husky Marketing Planner at Kortrijksesteenweg 129, 9830 Sint-Martens-Latem.

4.

If the Application should contain references or a link to the website(s) of third parties that are not managed by Husky, Husky can in no way be held liable for the content of this/these website(s) or for the privacy policy that is applied at this/these website(s). 

5.

Husky shall take appropriate security precautions and precautionary measures to prevent the loss, misuse, alteration, destruction or unlawful transfer to third parties of the personal data as much as possible. If a processor is brought in, Husky will enter into the necessary written agreements in order to guarantee a protection at least equivalent to that provided by Husky itself.

Except in the case of fraud, willful misconduct or gross negligence, Husky cannot be held contractually or extra-contractually liable for any indirect, immaterial or consequential damages that may arise on the part of the user as a result of any failure by Husky in the performance of its obligations towards the user. 

Husky has the right to modify the Application at any time without having to notify the user. Husky cannot be held liable either for any damage or inconvenience the user might experience if the Application is interrupted for a certain period of time. The user accepts that Husky cannot guarantee uninterrupted access to the Application.

Husky will, however, take all commercially reasonable measures to provide the best possible operation of the Application.

6.

The processing of personal data by Husky on the Application is exclusively subject to Belgian law, including the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data without prejudice to the (additional) application of future regulations of a mandatory nature.

The nullity or non-opposability of one or more provisions of this Privacy Policy shall be without prejudice to the application of the other provisions.