Conditions générales, cookies et confidentialité

Contents of this document:

Last revision: May, 14, 2020

 


Part 1: Conditions applicable to all users of the application

1.

These 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 conditions in part 2 of these General Conditions also apply. The Privacy Policy as stated in part 3 of these General 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 planning.

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

If the user however does not comply with the General 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 bv has its registered offices at Pontstraat 38, 9831 Deurle (Belgium) and company number BE 0663.992.516.

Only these General 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 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 Conditions are subject to Belgian law, regardless of the place of residence or domicile of the user of the Application.

For any disputes regarding theinterpretation, validity or execution of these General 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 Conditions shall be without prejudice to the application of the other provisions.

 


Part 2: Conditions for customers

1.

In order to make use of the application, the visitor will need to make an account 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 Conditions.

The creation process for such account 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 Conditions including the Privacy Policy by checking the box next to "I agree to the General Conditions". Completing the production process by the customer is regarded as definitive acceptance of the application of these General Conditions. 

2.

To be able to create a profile in order to set up an account on 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 or general 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 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 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 either one year, six months or three months.

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, six months or three months. Husky will inform the customer in a timely manner, prior to the end of the Agreement and invite the customer to extend the Agreement. The new Agreement will be drawn up in accordance with the rates and procedures valid at the time of renewal. Any discounts or promotions can never be considered as acquired and may be modified at the time of renewal of the Agreement. The renewal of the Agreement commences on the renewal date.

If the customer does not pay the renewal invoice on time, the customer will only be able to use Husky in "Read only" format until the outstanding amount has been paid.

5.

If, after entering into the Agreement, the customer decides at a later time to add additional users or features, this will be done within the framework of the current Agreement (as an upgrade of the existing Agreement) and a subscription for more users or additional features will start at that time.

If the original period under the previous Agreement has not yet expired in its entirety, a subscription fee for the additional users or additional features will be charged for the unused period. If the customer decides to reduce the number of users in the subscription, this will be taken into account when drawing up the new Agreement.

In the current subscription, the customer retains his right to the number of users initially paid.

6.

Within the account, the customer has the right to add free external users as a reader or project collaborator on a selection of projects.

This feature is intended for customers (at marketing agencies), for freelancers, for sales or product colleagues, for management or for strategic stakeholders who only occasionally want to participate in the planning and who do not need full access to the marketing planning data in the Application.

The addition of free external users never applies to customer employees who are part of the marketing team and do not meet the principle of 'sporadic collaboration'.

7.

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 account.

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.

8.

During the free trial period and the subscription period, Husky employees have the right to view the customer's Application in function of advising on a proper setup of the subscription or if the customer requests a demo, support or training.

Husky undertakes to treat all data to which it has access via the Application at these times in a confidential manner.

9.

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

After the commercial agreement Husky sends its invoice to the customer. In the case of online bank transfers, an administrative processing period of 14 days is allowed before the amount is to be received.

In the event that the invoice has not been paid by its due date at the latest, the customer will temporarily be able to use the application in "read only" format only until Husky has received payment.

10.

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.

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.

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. 

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.

 


Part 4: Data and Encryption Policies

1.

All user content is stored within Hosted Power (Belgium). Husky’s production environment is hosted on a Hosted Power platform.

User content can also be found in Husky backups, stored on Hosted Power. We currently do not offer customers the option of hosting Husky on a private server, or to otherwise use Husky on a separate infrastructure.

2.

Separate and distinct production, staging, and development environments are maintained, and production data is not replicated outside of the production restricted environments. Authorized and trained members of Husky’s Engineering team authenticate using unique strong passwords. 

3.

If logging in directly to Husky using a username or email and password, Husky requires a minimum of 8 characters.

Repeated failed login attempts trigger a 30 second lock before a user can retry. Passwords are stored in a hashed form and will never be sent via email upon account creation and password reset. Husky will send a link to the email associated with the account that will enable the user to create a new password.

4.

All customer data is considered highly sensitive and protected and access is least privilege.

Only authorized and trained members of the Husky team have direct access to production systems and user data. Those who do have direct access to data are only permitted to view it during demo’s, during setup training or for troubleshooting purposes. 

5.

Customer data is never to be replicated outside of the production environment and is never to be replicated onto employee workstations. Because of this, Husky relies on Hosted Power for physical security compliance. Husky’s production services are hosted on Hosted Power platform.

The physical servers are located in Hosted Power’s secure data centers. Production critical data is never to be stored on physical media outside of the cloud provider's production environments.

Further information on the security of Hosted Power data centers is available directly from Hosted Power at https://www.hosted-power.com/en .

6.

Customer data is never to be replicated outside of the production cloud environments and is never to be stored on employee workstations or removable media.

On termination of a Husky contract, and at the request of the customer, the data belonging to the Husky account will be completely removed from the live production database and all file attachments uploaded directly to Husky will be removed within 30 days.

The team’s data will remain in encrypted Husky database backups until those backups fall out of the 90-day backup retention window and are destroyed in accordance with Husky’s data retention policy. In the event that a database restore is necessary within 90 days of a requested data deletion, the Husky operations team will re-delete the data as soon as reasonably possible after the live production system is fully restored.

8.

All changes to the production system, be they code or system configuration changes, require review prior to deployment to the production environment.

Hundreds of automated unit tests are run against all production code prior to deployment, as well as regularly conducted automated vulnerability scans and commissioned penetration tests. All changes are tested in a staging environment prior to deployment to production.

Patches to the web client are deployed on a rolling basis, usually 2 times a month. All system changes are peer reviewed and patches are deployed as relevant to their level of security and stability impact, with critical patches able to be deployed well within 24 hours of availability as appropriate.

Husky restricts access and maintains separate lists of relevant roles with access to source code, development, staging, and production environments. These lists are reviewed quarterly and on role change. We use source code management tools and repositories.

9.

Upon account creation, Husky users are asked for full name and email, though these do not need to be verified.

Husky makes no assumptions about the types of data that a given customer may choose to store within its service.

Husky validates files for well-formedness and the like, however, we have explicitly designed the product to support any type of content users may choose to store within the Husky service.

10.

Admins will be set via the account settings. Editors and read-only (“reviewer”) roles can be assigned within the app itself.

It is not possible to limit the geolocations allowed to access data within Husky. Data can be accessed by users who have access to such data within the app from any geolocation. 

 


Part 5: Backup Policy

1.

Data entered into Husky is backed up regularly. All backups are encrypted and stored at multiple offsite locations to ensure that they are available in the unlikely event that a restore is necessary. Because user data is on a shared infrastructure, it is not uniquely identifiable. As such, it is not possible for us to recover a subset of that information from backups.

Deleting items in Husky are therefore actions that needs to be executed with the appropriate amount of cautiousness. Before deleting an entire project or plan, the user sees a warning message before finalizing the action.

2.

A rolling live replica of Husky’s primary database is constantly being taken on a 4-hour delay. Additionally, a full backup snapshot of the primary database is taken once every 24 hours.

Only authorized members of the Husky operations team have access to the backup locations, so that they are able to monitor the performance of the backup processes, and in the very unlikely event that a restore becomes necessary. After 90 days, the encrypted backup files are destroyed. In the unlikely event that our servers have long-term service interruptions, Husky has been designed to recover with limited service interruption and a maximum of 4 hour of data loss.

3.

Husky does not have an SLA or credit policy. Husky had over 99.9% uptime in 2019, and any downtime is documented at http://status.huskymarketingplanner.com/.

 


Part 6: Employee Policies


Security awareness and customer data access policies are covered during employee onboarding as appropriate to the role and employees are updated as relevant policies or practices change.

In the event that a security policy is breached by an employee, Husky reserves the right to determine the appropriate response, which may include termination. All employees undergo an extensive interview process before hiring. Appropriate NDAs are in place with third parties as appropriate.

 


Part 7: Maintenance Policy

1.

When it is necessary to perform planned maintenance on Husky services, the Husky operations team will perform the work during the biweekly maintenance windows.

We will make reasonable efforts to announce maintenance procedures that could potentially impact users via an in-app announcement at least 30 minutes prior to the event.

2.

The planned maintenance window is Thursday from 9:00 PM Central European Time through Thursday at 10:00 PM Central European Time. The window has been selected with the goal of minimizing service downtime, slowness, or other impact to the people and businesses that rely on Husky.

We do our best to make outages as short as possible. Additionally, our maintenance schedule will frequently be evaluated to ensure that we keep user impact as low as reasonably possible. Should we need to reschedule these windows, the updated schedule will be announced via an in-app announcement at least 30 minutes prior to the event.

3.

Due to unforeseen events, we may have to infrequently perform unplanned maintenance on Husky infrastructure or software components.

This maintenance might cause some or all of the Husky services to be inaccessible by our users for a period of time. It is our goal to do this as infrequently as possible. Any unplanned or emergency maintenance will be announced in-app with as much advance notice as reasonably possible. As with planned maintenance, we do our best to minimize disruption caused by service outages. It is not possible for us to customize the maintenance window, as our users are on a shared infrastructure.