General Terms and Conditions
Last updated on 25th of October 2022.
Definitions:
- Site: the site www.conversific.com and/or www.conversific.hu and/or any of the subdomains under both domains.
- User: any professional, legal person, and/or individual entrepreneur who uses the service established by Conversific.
- Subscriber: the User who has subscribed to one of the subscription packages.
- Personal Account: space dedicated to the User and/or Subscriber containing personal information.
- CONVERSIFIC or Service Provider: means Conversific Zrt., the contracting party applying these Standard Contract Terms and Conditions.
- Webshop Customer: Any legal or natural person who enters into a contract with the User or the Subscriber.
OBJECT & LEGAL NOTICE
- These Standard Contract Terms and Conditions (hereafter “SCTC”) have as their object the definition of the access conditions and terms of use of the Site and the Services provided by Conversific.
- By becoming a User or a Subscriber of the Site or by clicking on “I accept the terms and conditions”, you acknowledge that you have read and understood the terms of the SCTC (hereinafter “Terms”) and that you agree to be bound, without restrictions or reservations, by all its provisions.
- The SCTC and any modification of the SCTC are published on the Site and are provided free of charge to the Users and/or Subscribers. They are also displayed during the registration of Subscribers, who confirm that they have read and accepted them in their totality in order to validate their registration.
- These Terms govern your use of the CONVERSIFIC website “Website”, services “Services”, and review of any other information or materials (“Accompanying Materials”) provided by CONVERSIFIC.
- The site is edited and owned by CONVERSIFIC, whose data is provided here:
- name: Conversific Zrt.
- registered office of the company: 4028 Debrecen, Kassai str 129., Hungary
- mailing address: 4028 Debrecen, Kassai út 129., Hungary
- register number of the company: 09-10-000581
- tax number of the company: 26295299-2-09
- e-mail: help@conversific.com
- phone number: 0036203714643
- conciliation authority: Hajdú-Bihar Megyei Békéltető Testület (seats: 4025 Debrecen, Vörösmarty u. 13-15.). The consumer has the right to make a complain regarding to this SCTC at the conciliation body.
- The User acknowledges that User’s electronic submissions constitute a contract between the User and Service Provider. This is an electronic contract. The contract to be bound by electronic submissions applies to all records relating to all transactions the User enter into with CONVERSIFIC, including any notices of cancellation, policies, contracts, and applications. In order to use the Site and to access and retain electronic records, User may be required to have certain hardware and software, which are User’s sole responsibility. CONVERSIFIC is not responsible for typographic errors in these Terms, on the Site, in descriptions of products and services, or in accompanying materials.
- CONVERSIFIC shall use reasonable efforts to protect information submitted by the User in connection with the Services, but the User agree that the User’s submission of such information is at the User’s sole risk, and the use hereby release CONVERSIFIC from any and all liability to the User for any loss or liability relating to such information in any way.
- CONVERSIFIC does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and the User hereby release CONVERSIFIC from any liability relating thereto.
- These Terms may be modified from time to time at the sole discretion of CONVERSIFIC, and such changes or modifications are effective immediately upon the earliest of
- CONVERSIFIC’s email notifications advise you changes or modifications,
- your electronic acceptance of the Terms after changes or modifications have been made to the Terms as indicated by the “Date of Last Revision” date at the top of the Terms, or
- your continued use of the Services after CONVERSIFIC posts the updated Terms to CONVERSIFIC.com. In addition, when using particular CONVERSIFIC services, you and CONVERSIFIC will be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time.
SUBJECT OF THE SCTC
CONVERSIFIC provides an “e-commerce analytics and conversion optimization insights” system (hereinafter referred to as a “BI platform”), with which the User can analyze its store performance. Any new features or tools which are added to the current BI platform shall also be subject to these SCTC.
Personal Account
- The user can only create a single account in the “Sign Up” section on the SITE.
- The data collected and subsequently processed by CONVERSIFIC is voluntarily transmitted by the User to the Site, in particular via the registration form. This data consists of a valid email address, the choice of a password, and the first and last name of person registering to the Site.
- The User may establish an account (“Personal Account”) on the Site.
- The User acknowledges that CONVERSIFIC will use the email address provided during Personal Account registration as the primary method for communication.
- CONVERSIFIC, as it does not have the means to ensure the identity of the people registering for its services, is not responsible in cases of identity theft of the User. The User is responsible for keeping its password and Personal Account secure. CONVERSIFIC cannot and will not be liable for any loss or damage that results from failure to maintain the security of the User’s Personal Account and password. If the User believes that a person is using its account or its identity, the User must immediately inform CONVERSIFIC of this by email at the following address: help@conversific.com.
- The password chosen by the User associated with its Personal Account is strictly confidential, and cannot be communicated or shared with third parties. Under no circumstances can CONVERSIFIC be held responsible for the abusive use, loss, or theft of the User’s password.
- The User is responsible for all activity and content such as data, graphics, photos, and links that are uploaded under the CONVERSIFIC Personal Account. The User must secure the rights for use of any content. The user must not transmit any worms or viruses or any code of a destructive nature.
- These Terms constitute an agreement only for the use of a BI platform, under no circumstances shall the User being granted a license to any software.
USER’S WARRANTY STATEMENTS
- By accepting these Terms the User warrants to:
- be an adult, able to act, be a representative of a legal entity;
- have read, understood the content and conditions of these Terms
- have read and understood the Service Provider’s privacy policy;
- show a responsible behavior upon using the Service;
- compensate CONVERSIFIC against all claims arising from a Third Party, which is connected to the Site use by the User, including any claim, cost, demand, deficit or loss of any nature or type.
- not withdrawing or breaking communication with Service Provider, in case a conflict arises, in order to find a mutually acceptable solution;
- by leaving an untruthful review on a third-party site jeopardizing CONVERSIFIC’s name and reputation, the User is liable for the losses both financially and in any other ways it may apply.
- Should any of the User’s warranty statements prove false, this qualifies as a serious contract violation, and can have the immediate stop of the Services extended by CONVERSIFIC as a consequence, and CONVERSIFIC is entitled to apply the sanction considered by it the most appropriate.
CONVERSIFIC rights and obligations
- CONVERSIFIC shall grant a non-exclusive right to use the Site and the Services for which the User or the Subscriber shall pay a fee, which is defined in this SCTC.
- All CONVERSIFIC products and services, website and accompanying materials are provided as-is, with no guarantee or warranty expressed or implied.
- CONVERSIFIC shall immediately notify the User if it becomes aware of any circumstances that would impact the performance of the Services, or Site and will keep User informed during the process to remedy any deficiencies in performance that may be caused by CONVERSIFIC.
- CONVERSIFIC is not liable for loss or damages resulting from use of the CONVERSIFIC system, or any deficiencies of performance while using CONVERSIFIC, whether or not these deficiencies are the result of any negligence on the part of CONVERSIFIC. CONVERSIFIC is not liable for product or service of the User and Subscriber. CONVERSIFIC is not liable for contracts which come into force between the User/and the Webshop Costumer.
- CONVERSIFIC staff shall be entitled to log in the User’s BI platform for maintenance purposes.
User and Subscriber rights and obligations
- The only relationship between the User/Subscriber and CONVERSIFIC is for the use of CONVERSIFIC as outlined herein.
- User/Subscriber assume all legal obligations required in connection with the website and BI platform operation, (an all-time valid indication of company data, etc.), as well as to set any changes in the company’s information in the BI platform administration interface.
- CONVERSIFIC provides resources to do so through CONVERSIFIC software functions. In the event of failure to provide updated information or respond to queries, CONVERSIFIC is entitled to suspend the publicly accessible portion of the Service until User/Subscriber submits completion of documents.
- User/Subscriber declares to be aware of the rules of the Internet mail sending. CONVERSIFIC is not responsible for the content of the data traffic generated during the use of the Service.
- User/Subscriber hereby grants CONVERSIFIC a non-exclusive right and license to use the User’s or the Subscriber’s name and the User’s and the Subscriber’s trade names, trademarks, and service marks as provided to CONVERSIFIC in connection with these SCTC: (a) on CONVERSIFIC’s own websites, (b) in printed and online advertising, publicity, directories, newsletters, and updates describing CONVERSIFIC’s services and (c) in applications reasonably necessary and ancillary to the foregoing
- User/Subscriber is required to provide to CONVERSIFIC any and all data which is necessary to operate the CONVERSIFIC Services. This data is required on the form which is provided by the CONVERSIFIC during the registration procedure.
- User/Subscriber is entitled to use the Services and the Site according to these Terms.
- The Subscriber shall pay the fee for the use of the CONVERSIFIC software and for other CONVERSIFIC services. The fee is different in each subscription package as specified in this SCTC.
- User and Subscriber are not entitled to license the CONVERSIFIC software.
- CONVERSIFIC has no form of relationship and no liability, expressed or implied, with the Webshop Customer whose data displays in the BI platform.
PERSONAL DATA
Processing of Users and/or Subscribers’ data – Our Privacy Policy at a glance
In this Section you will be introduced to the most essential parts of our privacy policy. We have our detailed privacy policy under the SCTC.
CONVERSIFIC processes the personal data of Users and/or Subscribers privately, in accordance with the legal requirements in force especially the Act CXII of 2011 on the Right of Information Self Determination and on the Freedom of Information and its amendment the Act XXXVIII of 2018 („Hungarian Privacy Act”), furthermore 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 (27 April 2016; hereinafter as: GDPR) – provides their security, takes all the necessary technical and organizational measures, furthermore forms those procedural rules, which are necessary to comply the relevant legal provisions and other recommendations.
Users and/or Subscribers are informed consent that CONVERSIFIC processes their personal data (“CONVERSIFIC Data”) under the following conditions:
- Subject matter: CONVERSIFIC Data are collected directly from Users and Subscribers.
- Purpose of data processing: The purpose of the processing is the provision of services by CONVERSIFIC to Users and/or Subscribers, which includes billing, account management, support, sales and marketing purposes. CONVERSIFIC Data can also be used for statistical purposes given that in such a case, information used will not enable to identify personally an individual (pseudonymization by order).
- The subject of data processing: CONVERSIFIC Data collected and processed by CONVERSIFIC identification and contact data (name, surname, title, professional address, emails, phone numbers) and log-in data (IP addresses, location data, cookies data, and logs).
- Duration of data processing: For Visitors who decide not to register an account with CONVERSIFIC at the end of the session, personal data will be processed and stored for the duration of the session period plus 1 year to avoid any abuse. For Users and/or Subscribers, personal data will be processed and stored for the duration of the contractual relationship with CONVERSIFIC plus 5 years. For more details please see our detailed privacy policy.
- Data processor: CONVERSIFIC shares data with further data processors for the sole purpose of the provision of services by CONVERSIFIC to Users and/or Subscribers on behalf of the data controller. The Subscriber gives specific or general written authorization that CONVERSIFIC engages further data processors for carrying out specific processing activities in relation to the processing of CONVERSIFIC Data. When entrusting a data processor with processing activities, CONVERSIFIC uses only processors providing sufficient guarantees, in particular in terms of expert knowledge, reliability, and resources, to implement technical and organizational measures which will meet the requirements of the GDPR, including for the security of processing. Where that processors fail to fulfill their data protection obligations, CONVERSIFIC is not liable to the Subscriber for the performance of processors’ obligations, as the processor and any person acting under the authority of the controller or of the sub-processor, who has access to personal data, shall not process those data except on instructions from the Subscriber, unless required to do so by Union or Member State law. At this date, the sub-processors are Intercom, Google Analytics, MailChimp, Braintree, Paypal, Hotjar, Hubspot. The Subscriber may object to such changes and terminate this agreement by sending a written notice within fourteen days of such notice. The Subscriber’s objection shall be based on reasonable grounds.
- Users and Subscribers’ rights: Users and/or Subscribers have the right to access, rectify or delete their personal data. In certain cases, Users and/or Subscribers are also entitled to other rights, such as, for example, to object to us using your data, or to their portability, as explained in our detailed privacy policy. Users and/or Subscribers can exercise their privacy rights by sending an email to CONVERSIFIC at the following email address: help@conversific.com. In addition, Users and/or Subscribers have the right to lodge a complaint with the competent supervisory authority as detailed in CONVERSIFIC’s Privacy Policy.
PAYMENT AND SUBSCRIPTION TERMS
1. CONVERSIFIC may charge fees to Users (hereinafter: “Service Fee”) in consideration for the use of the Site and/or the Services (hereinafter: “Paid Services”). The applicable Service Fee and the subscription types are published on the Site at https://www.conversific.com/pricing/ (hereinafter: “Price List”). Any applicable Service Fee (including any applicable Taxes) will be displayed to the User prior to the use of the Paid Services. The monthly fee covers a 30 day period, the annual fee is for 365 days. CONVERSIFIC reserves the right to modify the Service Fee at any time. CONVERSIFIC also provides consultancy services on request.
2. User explicitly agrees, that from the moment the User overreaches the order limit threshold attributed to their current Subscription described at https://www.conversific.com/pricing/ CONVERSIFIC will place the User to the higher tier plan and charge the User in accordance with the higher tier plan’s price automatically according to the previously chosen payment period (monthly, yearly, partial yearly or any commonly agreed different period by both parties) by the User.
3. In the case of a Conversific account overreaching its yearly order limit corresponding to the subscription package of the account a warning message pops up, requesting an upgrade. In the lack of an upgrade of the account to the appropriate subscription package, in such a case, the account may be placed back into the free tier.
In some very special cases, we may allow a prolonged waiting period. In this case from the subsequent subscription date, your payment covers the fees of the plan in which you shall be. As a sign of goodwill, we provide a 50% extra credit of the original price. For example, you’re in the Growth Plan, with the price of $79 a month, and shall be upgraded to the Scale plan, with the price of $199 a month. In this case, the 2nd monthly payment counts as $79 + 50% = $118.5. This means, your payment of 30 days will be valid for the proportional period of the 2nd month. In numbers: 199 / 118.5= 1.68, which means, that 30 day / 1.68 = 17.86 ➝ 18 days. Your second month’s payment will cover 18 days.
If you have multiple stores connected, we may place some of them back on the free plan, so you’ll not overreach your yearly order limit anymore from the subsequent month.
After your payment period is expired, we may downgrade your plan with limited functionalities, where you will still be able to access some of the premium features.
As you accept our Terms of Use, you acknowledge and explicitly agree, that it is our sole discretion to make a decision on the above.
4. By agreeing to these Terms and paying the Service Fee due according to the Price List, the User became a “Subscriber” of CONVERSIFIC.
The full price list up to 3 million orders per year:
Plan name | Yearly orders | Price | Price / 1000 order |
Business | 3000 | $29 | $9.67 |
Growth | 12000 | $79 | $6.58 |
Scale | 30000 | $199 | $6.63 |
Enterprise – Tier 1 | 60000 | $359 | $5.98 |
Enterprise – Tier 2 | 90000 | $499 | $5.54 |
Enterprise – Tier 3 | 120000 | $629 | $5.24 |
Enterprise – Tier 4 | 150000 | $749 | $4.99 |
Enterprise – Tier 5 | 200000 | $929 | $4.65 |
Enterprise – Tier 6 | 250000 | $1,099 | $4.40 |
Enterprise – Tier 7 | 300000 | $1,259 | $4.20 |
Enterprise – Tier 8 | 400000 | $1,579 | $3.95 |
Enterprise – Tier 9 | 550000 | $1,999 | $3.63 |
Enterprise – Tier 10 | 750000 | $2,359 | $3.15 |
Enterprise – Tier 11 | 1000000 | $2,699 | $2.70 |
Enterprise – Tier 12 | 1250000 | $2,999 | $2.40 |
Enterprise – Tier 13 | 1500000 | $3,299 | $2.20 |
Enterprise – Tier 14 | 2000000 | $3,899 | $1.95 |
Enterprise – Tier 15 | 3000000 | $4,899 | $1.63 |
5. CONVERSIFIC reserves the right to modify its pricing and subscription terms at any time, and such changes or modifications will be effective immediately upon the next renewal, billing period, upgrade or downgrade of the Services with notice to Subscriber.
6. In the case of the Startup Program the actual terms and conditions and additional information regarding the service can be found at https://www.conversific.com/startup-program/ CONVERSIFIC reserves the right to modify the pricing and the subscription terms of the program at any time, and such changes or modifications will be effective immediately.
Credit card requirement
7. A valid credit card is required for accounts to process payments. CONVERSIFIC will automatically charge Subscriber’s credit card on file based on Subscriber’s billing cycle (monthly, partial yearly or yearly, depending on the Services selected and billing terms for individual services) until Subscriber validly terminates the subscription .
Billing
8. Within five working days of the settlement of the payment amount, CONVERSIFIC produces an electronic invoice for the Customer.
9. All billing invoices and payment notifications will be maintained directly in Subscriber’s e-mail or postal address.
10. CONVERSIFIC plans are based on your stores/domain(s) annual order numbers. This limit varies based on the plan you have chosen. Counting of the annual order number starts on the first day of every month. Should you choose to pay for your plan before the course of a month, counting of annual revenue will still begin at the first of every month.
11. The counting of annual order number at CONVERSIFIC is based on the connected stores data.
Trial Period
12. The first 14-day (fourteen days) period counted from the date of the subscription is a free trial period (hereinafter: “Trial Period”) At the beginning of the Trial Period the User shall provide its credit card data. The credit card will not be charged at the beginning of the Trial Period. Every User/Subscriber is entitled to only one Trial Period in a 180 days (one hundred and eighty days) period, meaning that no refund can be requested after renewed subscriptions within 180 days of the termination or cancellation of the subscription. During or following the Trial Period the User may cancel the subscription at any time without any Service Fee to be charge and user automatically get in the FREE package and only can use the main dashboards. Please note that in case of the Shoprenter stores the Trial Period is not applicable. In the case of Shoprenter we offer a 30-day money-back guarantee.
In the trial period, you can start only one trial. If you cancel the trial and want to activate it again, it will be already a paid plan.
Charging
13. If the User do not optout during the Trial Period Service Fee will be charged automatically as set out in the Price List
14. All payments owed to the CONVERSIFIC are to be made by electronic payment via a valid bank account or valid bank card. Each payment is the subject of an invoice provided to the Subscriber’s personal account.
15. The absence of payment or the default in collection in three consecutive times by CONVERSIFIC shall result the activation of the FREE package in the User’s or Subscriber’s account. In the event of termination, payment shall be deemed to have been affected for each commenced period. If the Subscriber terminates the contract or does not use CONVERSIFIC’s services, CONVERSIFIC is not required to reimburse the fee.
16. The unique Subscriber count begins from the starting date of the paid subscription and ends on the last day of the given period (yearly or monthly). The subscription is monthly or annual and tacitly renewable;
Subscription Termination and refund
17. The subscription may be terminated at any time but will not be refunded. However, in case of annual subscriptions within the first 2 (two) months of the subscription the Subscriber may ask for the termination of the account for a USD 30,00 cancellation fee and CONVERSIFIC will reimburse the remaining part proportional part of the unused subscription within 30 days of the Subscriber’s notice of termination. Once the third month of the subscription is started no refund or reimbursement can be claimed.
18. These payment and subscription terms are applicable for the subscription made on the Site, the payment and cancellation conditions may vary in case the User or Subscriber subscribes via Shopify or Shoprenter.
19. Unless required by law, CONVERSIFIC has no obligation to provide the User with a refund at any time. At any such request, CONVERSIFIC reserves the right to decline these kinds of refund requests.
19. Supplementing the above, CONVERSIFIC reserves the right to unilaterally cancel its services in case any of the following events:
- the User or/and Subscriber breaks any point of the SCTC;
- CONVERSIFIC experience or detect any patterns of usage of the service, that we cannot consider normal or acceptable;
- the User behavior may place in risk, harm or damage CONVERSIFIC’s reputation;
- as a direct request from law enforcement or other public agencies;
- we detect any illegal implication or that may be harmful for the society;
- the User behavior is aggressive, harassing or contains any other socially or/and legally unacceptable behavior toward CONVERSIFIC or the wider society.
Depending on the nature of the cancellation, CONVERSIFIC may provide the user with a grace period, which length is solely in CONVERSIFIC decision.
At yearly subscriptions, in case of mid-sever break of our SCTC, such as harsh language, we may provide a partial refund that is calculated by the following way: the spent month on our platform with the regular monthly fee, the costs of the refund, related human resource needs, that may amount of a two months’ worth of subscription fee. Any such refund is only possible when Subscriber signs a legally bounding contract and NDA about the case.
Supported browsers / platforms
• Mozilla Firefox (latest version)
• Google Chrome (latest version)
• Opera (latest version)
• Microsoft Edge (latest version)
• UC Android (latest version)
• Android Browser Android (latest version)
• Google Chrome for Android (latest version)
• Opera Mobile Browser (latest version)
• Apple iPad Safari (latest version)
• Apple OS X Safari (latest version)
CUSTOMER SERVICE
- CONVERSIFIC provides support to User and Subscriber, which includes chat and email support.
- Electronic communications between User or Subscriber and CONVERSIFIC are made between help@CONVERSIFIC.com or the address of the account manager; and, the email address provided at the time of registration by the User or Subscriber or the current email address as configured in the User’s or Subscriber’s Personal Account.
- In the case of error reporting User and/or Subscriber can send an e-mail to the help@conversific.com or a message via chat. The message should include the operating system used when the failure occurred, its version number, any data on installed software and updates, the name and the exact version number of the browser, the time of the error causing, the steps taken and the URL the error can be viewed at. If the service error code is written, it should also be included in the message.
- CONVERSIFIC agrees to respond to the error reports within reasonable response time providing the following conditions: The response time is calculated from when the problem is filed by CONVERSIFIC, but no later than from 9:00 am the first working day following dispatch. The response time provided is the time the customer service gives feedback to the error reported and starts troubleshooting. Troubleshooting time is not included in this response time.
INTELLECTUAL PROPERTY
- The CONVERSIFIC Site in its entirety (including, without limitation, CONVERSIFIC Content, structure, databases, graphics, images, etc.), as well as the CONVERSIFIC trademark, the logo, the graphic charter of the Site, and each of its components, are the exclusive property of CONVERSIFIC. Any reproduction or representation in whole or in part is strictly forbidden.
- In particular, it is completely forbidden to make a qualitatively or quantitatively substantial extract of the databases placed online on the Site.
- User and Subscriber may not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the know-how or any software, documentation or data related to the CONVERSIFIC services; modify, translate or create derivative works based on the charts or any software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the dashboards or any software; use the analysis or any software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
- User does not use the CONVERSIFIC name as his own, or in any kind or advertisement, PR activity, unless they have CONVERSIFIC’s explicit written consent.
LIABILITY WAIVER
- CONVERSIFIC may not in any way guarantee operation without interruption or error. In particular, momentary interruptions due to maintenance, updates, or technical improvements are likely to occur without CONVERSIFIC’s liability being able to be engaged in this respect.
- To the extent possible, CONVERSIFC shall inform Subscribers prior to a maintenance or updating operation. Similarly, CONVERSIFIC’s liability may not be sought in case of malfunction, impossibility of access, or poor user conditions of the BI platform attributable to unsuitable equipment, for disruptions attributable to the host or to the service provider of the User and/or Subscriber, for congestion in the internet network, and/or for any other reason outside of CONVERSIFIC’s control. CONVERSIFIC may not be held liable for graphical or typographical errors. Describe the technical environment of the sites compatible with the BI platform.
- CONVERSIFIC will have no liability to User and/or Subscriber, or any third-party for any failure by CONVERSIFIC to perform its obligations under these SCTC in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of CONVERSIFIC, including without limitation an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other events of force majeure.
TERM AND TERMINATION
- The User and/or Subscriber shall agree to respect these Terms.
- These terms are governed by Hungarian law.
- CONVERSIFIC may terminate this agreement or the Services at any time with or without cause, and with or without notice. CONVERSIFIC will have no liability to the User and/or Subscriber or any third-party because of such termination.
- Upon termination or expiration of the present SCTC by either party for any reason, CONVERSIFIC will cease providing the BI platform, User and/or Subscriber will not be entitled to any refunds of any usage fees or any other fees, pro rata or otherwise and any outstanding balance owed to CONVERSIFIC for your usage of the BI platform through the effective date of such termination or expiration will immediately become due and payable in full.
- All sections of these Terms, which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.
- Upon termination or expiration of this agreement by either party for any reason, CONVERSIFIC may delete any User and/or Subscriber archived data within 30 days after the date of termination if it requested by the User or Subscriber. Otherwise, all data of the User and/or Subscriber will be stored by Conversific for 5 years.
SETTLEMENT OF DISPUTES
- Both CONVERSIFIC and User and/or Subscriber will do everything in their best power to resolve any disputes or disagreements that may arise between them regarding the framework of the present SCTC, through direct negotiation. Parties are obliged to inform each other about any and all obstacles arising after the conclusion of the contract, specifically circumstances hindering the completion of the contract having learned about the fact without delay.
- The laws of Hungary will govern the validity and construction of the present SCTC and any dispute arising out of or be relating to these terms, without regard to the principles of conflict of laws.
- In the event of any dispute arising from or in connection with this SCTC, so especially with its breach, termination, validity or interpretation, the parties exclude the state court procedure and agree to submit the matter to the exclusive and final decision of the Permanent Arbitration Court attached to the Hungarian Chamber of Commerce and Industry (Commercial Arbitration Court Budapest). The Arbitration Court proceeds in accordance with its own Rules of Proceedings (supplemented with the provisions of the Sub-Rules of Expedited Proceedings). The number of arbitrators shall be three and the language to be used in the arbitral proceedings shall be English. The parties exclude the possibility of the retrial of the proceedings as regulated in Section IX of Act no. LX of 2017 on Arbitration. In order to settle the legal dispute the Hungarian substantive law shall apply, excluding its private international law rules.
Privacy Policy & Cookies
Last updated: 28th of July 2021
Please read our Privacy Policy (“Privacy Policy”) carefully as it describes our collection, use, disclosure, retention, and protection of your personal information. This Privacy Policy applies to any website, application or service which references this Privacy Policy. Where you provide us with your personal information in any of the ways described in section 2 below, you agree that we may collect, store and use it:
- in order to perform our contractual obligations to you;
- based on our legitimate interests for processing (i.e. for internal administrative purposes, data analytics and benchmarking – see section 3 below for more information- direct marketing, maintaining automated backup systems or for the detection or prevention of crime); or
- based on your consent, which you may withdraw at any time, as described in this Privacy Policy.
1.) Who we are
This Privacy Policy applies to all products, applications, and services offered by Conversific Zrt. (a company incorporated in Hungary with company registration number 09-10-000581 and whose registered office address is 4028 Debrecen, Kassai street 129.).
2.) How we collect information
To the extent permissible under applicable law, we collect information about you and any other party whose details you provide to us when you:
- register to use our websites, applications or services (including free trials); this may include your name (including business name), address, email address and telephone number. We may also ask you to provide additional information about your business and your preferences;
- place an order using our websites, applications or services; this may include your name (including business name), address, contact (including telephone number and email address) and payment details;
- complete online forms (including call back requests), take part in surveys, post on our message boards, post any blogs, enter any competitions or prize draws, download information such as white papers or other publications or participate in any other interactive areas that appear on our website or within our application or service;
- interact with us using social media;
- provide your contact details to us when registering to use or accessing any websites, applications or services we make available or when you update those details; and
- contact us offline, for example by telephone, SMS, email, post or personally at any conferences.
We will also collect your information where you only partially complete and/or abandon any information inputted into our website and/or other online forms and may use this information to contact you to remind you to complete any outstanding information and/or for marketing purposes.
We also collect information from your devices (including mobile devices) and applications you or your users use to access and use any of our websites, applications or services (for example, we may collect the device identification number and type, location information and connection information such as statistics on your page views, traffic to and from the sites, referral URL, ad data, your IP address, your browsing history and your weblog information) and we will ask for your permission before we do so. We may do these using cookies or similar technologies (as described in section 14 below).
We may enhance the personal information we collect from you with information we obtain from third parties that are entitled to share that information; for example, information from credit agencies, search information providers or public sources (e.g. for customer due diligence purposes), but in each case, as permitted by applicable laws.
3.) Providing us with information about others
If you provide us with personal information about someone else, you are responsible for ensuring that you comply with any obligation and consent obligations under applicable data protection laws in relation to such disclosure. In so far as required by applicable data protection laws, you must ensure that you have provided the required notices and have obtained the individual’s explicit consent to provide us with the information and that you explain to them how we collect, use, disclose and retain their personal information or direct them to read our Privacy Policy.
4.) How we use your information
To the extent permissible under applicable law, we use your information to:
- provide any information and services that you have requested or any applications or services that you have ordered;
- provide, maintain, protect and improve any applications, products, services and information that you have requested from us;
- manage and administer your use of applications, products and services you have asked us to provide;
- manage our relationship with you (for example, customer services and support activities);
- monitor, measure, improve and protect our content, website, applications and services and provide an enhanced, personal, user experience for you;
- provide you with any information that we are required to send you to comply with our regulatory or legal obligations;
- detect, prevent, investigate or remediate, crime, illegal or prohibited activities or to otherwise protect our legal rights (including liaison with regulators and law enforcement agencies for these purposes);
- contact you to see if you would like to take part in our customer research (for example, feedback on your use of our applications, products and services);
- to monitor, carry out the statistical analysis and benchmarking, provided that in such circumstances it is on an aggregated basis which will not be linked back to you or any living individual;
- deliver targeted advertising, marketing (including in-product messaging) or information to you which may be useful to you, based on your use of our applications and services;
- deliver joint content and services with third parties with whom you have a separate relationship (for example, social media providers); and
provide you with location-based services (for example, advertising and other personalized content), where we collect geo-location data.
To the extent permitted by applicable law, we retain information about you after the closure of your Conversific account, if your application for a Conversific account is declined or if you decide not to proceed. This information will be held and used for as long as permitted for legal, regulatory, fraud prevention and legitimate business purposes.
Our website, applications (including mobile applications) and services may contain technology that enables us to:
- check specific information from your device or systems directly relevant to your use of the websites, applications or services against our records to make sure the websites, applications or services are being used in accordance with our end-user agreements and to troubleshoot any problems;
- obtain information relating to any technical errors or other issues with our website, applications, and services;
- collect information about how you and users use the functions of the features of our website, applications, and services; and
- gather statistical information about the operating system and environment from which you access our applications or services.
We may also use information we gather to deliver targeted advertising, marketing (including in-product messaging) or information to you which may be useful, based on your use of the website, applications or services or any other information we have about you (depending on the websites, applications or services, you may able to configure these features to suit your preferences).
We may monitor and record our communications with you, including e-mails and phone conversations. Information which we collect may then be used for training purposes, quality assurance, to record details about our website, applications and services you order from us or ask us about, and in order to meet our legal and regulatory obligations generally.
5.) Data analytics and benchmarking
We may use information generated and stored during your use of our services for our legitimate business interests to enable us to give you the best service and/or solutions and the best experience. These purposes include to:
- deliver advertising, marketing (including in-product messaging) or information to you which may be useful to you, based on your use of services;
- carry out research and development to improve our services, products, and applications;
- develop and provide new and existing functionality and services (including statistical analysis, benchmarking and forecasting services); and
- provide you with location-based services (for example location relevant content) where we collect geo-location data to provide a relevant experience.
You have the right to object to processing based on our legitimate interests, and if you wish to do so, please contact us at help@conversific.com to discuss this further. If you object, this may affect our ability to provide certain services and/or solutions for your benefit.
6.) Sharing your information
We may share your information with:
- any company within the Innonic Group Zrt. (e.g. ShopRenter.hu Kft., WebShop Marketing Kft., WebShop-Experts Kft., CodersRank Zrt., Optimonk Zrt.), for the purposes set out in this Privacy Policy, (e.g. global information and customer relationship management; software and service compatibility and improvements; and to provide you with any information, applications, products or services that you have requested);
- our service providers and agents (including their sub-contractors) or third parties which process information on our behalf (e.g. internet service and platform providers, payment processing providers and those organisations we engage to help us send communications to you) so that they may help us to provide you with the applications, products, services and information you have requested or which we believe is of interest to you.
- third parties used to facilitate payment transactions for example, clearinghouses, clearing systems, financial institutions and transaction beneficiaries;
- third parties where you have a relationship with that third party and you have consented to us sending information (for example social media sites or other third party application providers);
- credit reference and fraud prevention agencies;
- regulators to meet Innonic Group’s legal and regulatory obligations;
- law enforcement agencies so that they may detect or prevent crime or prosecute offenders;
- any third party in the context of actual or threatened legal proceedings, provided we can do so lawfully (for example in response to a court order);
- any third party in order to meet our legal and regulatory obligations, including statutory or regulatory reporting or the detection or prevention of unlawful acts;
- our own and Innonic Groups professional advisors and auditors for the purpose of seeking professional advice or to meet our audit responsibilities;
- another organization if we sell or buy (or negotiate to sell or buy) any business or assets;
- another organization to whom we may transfer our agreement with you; and
- Government departments where reporting is mandatory under applicable law.
We may share non-personally identifiable information about the use of our website, applications, products or services publicly or with third parties but this will not include information that can be used to identify you.
7.) Marketing
From time to time, we may use your information to contact you with details about our applications, products and services which we feel may be of interest to you. We may also share your information with our group companies and carefully selected third parties so that they (or we) may contact you with information about their products or services which we feel may be of interest to you. We or they may wish to contact you for this purpose by telephone, post, SMS or email. You have the right at any time to stop us from contacting you for marketing purposes. You may also request at any time that we do not share your information with third parties referred to in this paragraph. If you wish to exercise these rights you can do so by selecting your contact preferences at the point where you provide us with your information on our websites, applications or services, using any preference centers we give you access to or by sending us an email to help@conversific.com. You can also unsubscribe from any email marketing using the links provided in the emails we send to you.
8.) Third party platform advertising
Where you respond to communications we post on third-party platforms (such as Facebook, Google, LinkedIn and Twitter), we may also share your information with those third parties in order to serve targeted advertising/content to you via the relevant third party platform based on your profile/interests. Your information is used by the third-party platform provider to identify your account and serve advertisements to you. You can control what advertisements you receive via the privacy settings on the relevant provider’s platform and you should consult the third party’s help/support center for more information.
9.) Google API Limited Use Requirements
Conversific’s use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.
10.) Your information and your rights
Based on the applicable rules (Hungarian Privacy Act and GDPR) you have the following rights:
- the right to be told how we use your information and obtain access to your information (right of information and access to personal data)
- the right to have your information rectified or erased („right to be forgotten”) or place restrictions on processing your information;
- the right to object to the processing of your information e.g. for direct marketing purposes or where the processing is based on our legitimate interests;
- the right to have any information you provided to us on an automated basis returned to you in a structured, commonly used and machine-readable format, or sent directly to another company, where technically feasible (“right to data portability”));
- where the processing of your information is based on your consent, the right to withdraw that consent subject to legal or contractual restrictions; (“right to restriction of processing”)
- the right to object to any decisions based on the automated processing of your personal data, including profiling; and
- the right to lodge a complaint with the supervisory authority (Nemzeti Adatvédelmi és Információszabadság Hatóság, H-1125 Budapest, Szilágyi Erzsébet fasor 22/C., mail address: 1530 Budapest, Postafiók: 5., Te: +36 -1-391-1400, Fax: +36-1-391-1410, E-mail: ugyfelszolgalat@naih.hu) responsible for data protection matters
If you request a copy of your information you may be required to pay a statutory fee.
If we hold any information about you which is incorrect or if there are any changes to your details, please let us know by so that we can keep our records accurate and up to date.
If you withdraw your consent to the use of your personal information for purposes set out in our Privacy Policy, we may not be able to provide you with access to all or parts of our website, applications, and services.
We will retain your personal information for the duration of our business relationship and afterward for as long as is necessary (maximum 5 years) and relevant for our legitimate business purposes. Where we no longer need your personal information, we will dispose of it in a secure manner (without further notice to you).
11.) Changes to this Privacy Policy
We may change this Privacy Policy from time to time. However, we will not reduce your rights under this Privacy Policy. We will always update this Privacy Policy on our website, so please try to read it when you visit the website (the ‘last updated’ reference tells you when we last updated this Privacy Policy).
12.) Security and storage of information
We will keep your information secure by taking appropriate technical and organizational measures against its unauthorized or unlawful processing and against its accidental loss, destruction or damage. We will do our best to protect your personal information but we cannot guarantee the security of your information which is transmitted to our website, applications or services or to other website, applications, and services via an internet or similar connection. If we have given you (or you have chosen) a password to access certain areas of our websites, applications or services please keep this password safe – we will not share this password with anyone.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment Gateway provider’s database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards etc.) will not be stored on our servers.
If you believe your account has been compromised, please contact us at help@conversific.com
13.) Transfers outside of the European Economic Area
Personal information in the European Union is protected by data protection laws but other countries do not necessarily protect your personal information in the same way. When you send an email to us, this will also be stored on our email servers which are hosted in the European Union.
We may use service providers based outside of the EEA to help us provide our website, applications, and services to you (for example, platform and payment providers who help us deliver our applications and services, or advertising or execute your payments) and this means that we may transfer your information to service providers outside the EEA for the purpose of providing our applications, advertising, and services to you.
We take steps to ensure that where your information is transferred outside of the EEA by our service providers and hosting providers, appropriate measures, and controls in place to protect that information in accordance with applicable data protection laws and regulations. For example, we may share information with our group companies or affiliates based outside the EEA for the purposes envisaged by this Privacy Policy. In each case, such transfers are made in accordance with the requirements of Regulations (EU) 2016/679 (the General Data Protection Regulations or “GDPR”) and may be based on the use of the European Commission’s Standard Model Clauses for transfers of personal data outside the EEA.
By using our website, products or services or by interacting with us in the ways described in this Privacy Policy, you consent to the transfer of your information outside the EEA in the circumstances set out in this Privacy Policy. If you do not want your information to be transferred outside the EEA you should not use our website, applications or services.
14.) Other sites and social media
If you follow a link from our website, application or service to another site or service, this Privacy Policy will no longer apply. We are not responsible for the information handling practices of third party sites or services and we encourage you to read the Privacy Policy appearing on those sites or services.
Our websites, applications or services may enable you to share information with social media sites, or use social media sites to create your account or to connect your social media account. Those social media sites may automatically provide us with access to certain personal information retained by them about you (for example any content you have viewed). You should be able to manage your privacy settings from within your own third party social media account(s) to manage what personal information you enable us to access from that account.
15.) Cookies and Analytics
What are cookies?
A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another.
How do we use cookies?
Our cookies may be session cookies (temporary cookies that identify and track users within our websites, applications or services which are deleted when you close your browser or leave your session in the application or service) or persistent cookies (cookies which enable our websites, applications or services to “remember” who you are and to remember your preferences within our websites, applications or services and which will stay on your computer or device after you close your browser or leave your session in the application or service).
We use the following different types of cookies:
Strictly necessary cookies
These are cookies which are needed for our websites, applications or services to function properly.
Performance cookies and analytics technologies
These cookies collect information about how visitors and users use our websites, applications, and services, for instance, which functionality visitors use most often, and if they get error messages from areas of the websites, applications or services. These cookies don’t collect information that identifies a visitor or user. All information these cookies collect is aggregated and therefore anonymous. We only use these cookies on how to improve our website, applications, and services work.
Functionality cookies
These cookies allow our websites, applications, and services to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customize. They may also be used to provide services you have asked for. The information these cookies collect may be anonymized and they cannot track your browsing activity on other websites.
Targeting or advertising cookies
These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with the website operators’ permission. They remember that you have visited a website and this information is shared with other organizations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organization.
IP Address and Traffic Data
We keep a record of traffic data which is logged automatically by our servers, such as your Internet Protocol (IP) address, device information, the website that you visited before ours and the website you visit after leaving our site. We also collect some site, application and service statistics such as access rates, page hits, and page views. We are not able to identify any individual from traffic data or site statistics.
Find out more about the individual cookies and analytics technologies that we use.
Description | Purpose |
Google, Google Analytics, Google Adwords | Google Analytics, Adwords use “cookies”, to help the website analyze how users use the websites, applications or services. The information generated by the cookie about your use of the websites, applications or services (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the websites, applications or services compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser or within the application, however, please note that if you do this you may not be able to use the full functionality of this website. By using our websites, applications or services you consent to the processing of data about you by Google in the manner and for the purposes set out above. To find out more, see “How Google uses data when you use our partners’ sites or apps”, (located at www.google.com/policies/privacy/partners/, or any other URL Google may provide from time to time). To opt out of being tracked by Google Analytics across all websites visit: http://tools.google.com/dlpage/gaoptout. (Retention period: Session/2 years) |
Intercom | We use third-party analytics services to help understand your usage of our services. In particular, we provide a limited amount of your information (such as sign-up date and some personal information like your email address) to Intercom, Inc. (“Intercom”) and utilize Intercom to collect data for analytics purposes when you visit our website or use our product. As a data processor acting on our behalf, Intercom analyzes your use of our website and/or product and tracks our relationship by way of cookies and similar technologies so that we can improve our service to you. For more information on Intercom’s use of cookies, please visit https://www.intercom.com/terms-and-policies#cookie-policy. We may also use Intercom as a medium for communications, either through email, or through messages within our product(s). As part of our service agreements, Intercom collects publicly available contact and social information related to you, such as your email address, gender, company, job title, photos, website URLs, social network handles and physical addresses, to enhance your user experience. For more information on the privacy practices of Intercom, please visit https://www.intercom.com/terms-and-policies#privacy. Intercom’s services are governed by Intercom’s terms of use which can be found at https://www.intercom.com/terms-and-policies#terms. If you would like to opt out of having this information collected by or submitted to Intercom, please contact us. |
These types of cookies are used for retargeting, so we can show you relevant ads based on your activity on our Site after you leave it. Information collected includes an identifier, and sometimes your geolocation, device type, and IP address. (Retention: 90 days) |
How to control cookies?
You may be able to configure your browser or our website, application or service to restrict cookies or block all cookies if you wish. However, if you disable cookies you may find this affects your ability to use certain parts of our website, applications or services. For more information about cookies and instructions on how to adjust your browser settings to accept, delete or reject cookies, see the http://allaboutcookies.org/ website.
16.) Further information
If you have any queries about how we treat your information, the contents of this Privacy Policy, your rights under local law, how to update your records or how to obtain a copy of the information that we hold about you, please send an email to our Data Protection Officer at Conversifc Inc. at dpo@conversific.com.