Terms & Conditions of Sale

Article 1 — Presentation of the provider

The Profilr software is a registered trademark of HIRING FOR GOOD, a SAS with share capital of €1,000, registered with the Saint-Malo trade and companies register under number 902 930 437 00022, whose registered office is at 99 rue du Han, 35120 Cherrueix, France, offering a SaaS talent sourcing and management service.

Contact: Email: contact@hiringforgood.com — Website: www.profilr.eu

Article 2 — Purpose of these Terms

These Terms & Conditions of Sale define the conditions of use of the Profilr SaaS software and the terms of sale of subscriptions to professional users.

Article 3 — Acceptance and enforceability

Use of the service implies full and complete acceptance of these Terms by the user, evidenced by validation at registration.

These Terms are enforceable against the user as soon as they perform any of the following acts: creating an account, validating the Terms, taking out a subscription, registering a payment method, making a payment, requesting an invoice, or actually using the service. Performing any of these acts constitutes unreserved acceptance of these Terms in the version in force on the date of the act, which the user acknowledges having been able to consult beforehand.

Article 4 — Description of services

Profilr makes it possible to source talent, manage applications and enrich contact details, through a candidate CRM and multichannel email messaging.

Contact-detail enrichment takes place at the user’s request, through a specialised GDPR-compliant provider established in the European Union.

The service is accessible as SaaS through a web interface and includes regular updates.

Article 5 — Subscription, term, renewal and withdrawal

5.1 Subscription plans

Profilr offers several subscription plans: annual commitment (paid in one go), quarterly commitment (paid in one go), and monthly subscription with no commitment. The plan taken out is specified at the time of order.

5.2 Automatic renewal

All subscriptions are taken out for the chosen commitment period and are automatically renewed for an identical period at the end of each period, unless the user cancels under the conditions set out in Article 5.4.

In accordance with Article L215-1 of the French Consumer Code, where applicable, Profilr informs the user, in writing and within a reasonable time before the end of the term, of the possibility of not renewing the subscription.

5.3 Firm and final — every period begun is due

Any subscription is firm and final. Any subscription period that has begun is due in full and gives rise to no refund or reduction, whether paid in one go or in instalments. Suspension, non-use or under-use of the service by the user in no case exempts them from paying the sums due for the current commitment period.

No refund will be made except in the event of prolonged unavailability of the service of more than 30 consecutive days, attributable to Profilr and not resolved despite appropriate technical intervention.

5.4 Cancellation by the user

The user may request non-renewal of their subscription for the coming period through their personal account, giving 30 days’ notice before the next due date. Cancellation takes effect at the end of the current commitment period, which remains due in full.

5.5 Withdrawal

The professional user has no right of withdrawal, in accordance with Article L221-3 of the French Consumer Code.

However, a sole proprietor (auto-entrepreneur) may benefit from the 14-day right of withdrawal only if they prove that they are acting as a consumer within the meaning of Article L221-3 of the French Consumer Code, that is, if their Profilr subscription is not directly related to their main activity and they have no more than five employees.

Article 6 — Payment terms, non-payment and recovery

6.1 Payment terms

Subscriptions are paid by bank card or transfer on the due date. The user undertakes to maintain a valid payment method throughout their commitment period.

6.2 Late-payment penalties

In the event of non-payment on the due date, any late payment automatically entails, without prior formal notice, late-payment penalties of 10% of the amount due per month of delay, together with a fixed indemnity of €40 for recovery costs, in accordance with Article L441-10 of the French Commercial Code. This fixed indemnity is due without prejudice to the additional compensation provided for in Article 6.4.

6.3 Immediate payability of all sums due (acceleration)

If a single instalment is not paid on its due date and is not remedied within 7 days of a reminder, all sums remaining due for the current commitment period become immediately payable by operation of law, including instalments not yet due. A user who has taken out an annual or quarterly commitment therefore remains liable for all sums corresponding to the commitment period taken out, notwithstanding any interruption of use or suspension of access.

6.4 Recovery

If the situation is not remedied, Profilr reserves the right, without further formality, to:

• suspend access to the service after 7 days’ notice;
• entrust recovery of its claim to any recovery company, firm or legal officer of its choice;
• initiate any amicable and then judicial recovery procedure.

All costs incurred in recovering the claim (reminder costs, recovery company fees, bailiff costs, procedural costs and lawyers’ fees) are borne entirely by the defaulting user, in addition to the principal, the late-payment penalties and the fixed indemnity provided for in Article 6.2. These costs bear interest at the increased statutory rate until full payment.

Non-payment after an unsuccessful formal notice constitutes the user’s acknowledgement that the corresponding claim is certain, liquid and payable.

Article 7 — User’s obligations and responsibility

The user undertakes to use the service in compliance with applicable laws and regulations. In particular, they undertake to:

• Not use the service for unlawful or fraudulent purposes or purposes contrary to public morality;
• Not disseminate, store or transmit content that is unlawful, offensive, defamatory or infringes third-party rights;
• Comply with the GDPR and ensure that any personal data processed through the service is collected and used on an appropriate legal basis;
• Not attempt to exploit or divert the service’s features for resale, nor carry out mass extraction of data from the Profilr platform (notably its candidate database, its interface or its databases) for abusive or competitive use.

Informing data subjects. When using the contact-enrichment features, the user acts as data controller with regard to the people whose contact details they obtain. They therefore undertake to inform these people in accordance with Article 14 of the GDPR, within a maximum of 60 days from enrichment, notably through the information tools provided by Profilr for this purpose.

The user is solely responsible for the actions carried out with their account and acknowledges that any breach of these obligations may lead to the suspension or termination of their access to the service without notice and without any possibility of refund.

Article 8 — Fair Usage Policy

To ensure optimal operation of the service for all users, Profilr applies a Fair Usage Policy.

Article 8.1 — Objective

This policy aims to prevent abuse and guarantee fair access to the service’s resources.

Article 8.2 — Usage restrictions

The user undertakes to use the Profilr service reasonably and in line with its intended use. The following in particular are considered abusive and prohibited:

• Excessive and non-compliant execution of API requests likely to affect the availability of the service;
• The use of automated tools or bots to mass-extract data from the Profilr platform or circumvent technical limitations;
• Sharing or pooling accounts so that several unauthorised users access a single subscription;
• Any activity diverting Profilr from its normal use, notably by bypassing usage quotas or exploiting technical flaws.

These restrictions aim to protect the integrity, availability and intellectual property of the Profilr platform. They do not prevent normal use of the sourcing features provided by the service.

Article 8.3 — Measures in case of non-compliance

In the event of non-compliance with this policy, Profilr may:

• Temporarily or permanently limit the offending user’s access to the service;
• Suspend the account until the situation is remedied;
• Terminate the subscription without refund if repeated abuse is found;
• Charge additional fees if the abusive use overloads the servers or affects other users.

Article 8.4 — Notification and compliance

If reasonable usage limits are exceeded, Profilr will notify the user and may propose an upgrade to a plan better suited to their use. Profilr reserves the right to adapt its fair-usage thresholds according to technical developments of the service.

Article 9 — Reversibility and data export

The user has the right to export their data on termination of their subscription. On request, Profilr will provide a file containing all available data associated with their account in a usable format (CSV, JSON, or another standard format), within 30 days after termination.

After deletion of the user account, data will be kept for 6 months to allow possible reactivation of the account. Deleted data is permanently erased from our production systems at the end of this period, unless required by law or for the defence of a legal claim.

Article 10 — Confidentiality

Profilr undertakes not to disclose users’ data to third parties without their consent, except where strictly necessary for the performance of the service (for example: technical partners, GDPR-compliant processors).

The user undertakes not to copy, reproduce or divert all or part of the Profilr service, its interface or its databases in order to develop or market a competing service. This prohibition does not apply to the mere use of similar tools developed independently. Any attempt to circumvent this clause may lead to the suspension or termination of access to the service, as well as legal proceedings.

Article 11 — Personal data protection

The processing of personal data carried out as part of the service is governed by Profilr’s Data Processing Agreement (DPA), available on request at dpo@profilr.eu. This document, concluded in accordance with Article 28 of the GDPR, forms an integral part of the contractual relationship between Profilr and the user and prevails over these Terms for any question relating to personal data protection. The user acknowledges having read it.

The terms of data processing by Profilr are also described in the Privacy Policy available at https://www.profilr.eu/en/privacy-policy/.

Profilr’s sourcing activity. Profilr builds an index database of professional profiles from information made public by the individuals themselves, on the basis of legitimate interest (Article 6-1-f GDPR), in compliance with the principles of the GDPR and the rights of data subjects. This activity, specific to Profilr as an independent data controller, is subject to a formalised legitimate-interest assessment available on request.

Article 12 — Intellectual property rights

Profilr retains full ownership of all intellectual property rights relating to its platform, services and technology. The user acknowledges that use of the service confers on them no intellectual property right over the software, source code, interfaces, databases and any associated element.

Any unauthorised reproduction, modification, distribution or exploitation of the service’s content or features is strictly prohibited and may give rise to legal proceedings.

Article 13 — Integrations and third-party services

Profilr may offer technical integrations with third-party services (for example: CRM tools, professional messaging or professional social networks) to enrich the platform’s features. These integrations are active only after explicit action or consent by the user.

Profilr is not affiliated with, sponsored by or authorised by these third-party services and has no unauthorised access to their private databases. Any use of a third-party service through Profilr remains subject to that service’s terms of use and privacy policies.

Article 14 — Data security and storage

Profilr applies industry-standard security measures to protect the data processed:

• hosting on GDPR-compliant servers located in the European Union;
• encryption of data at rest (AES-256) and in transit (TLS 1.2 or higher);
• access control through multi-factor authentication and role-based rights management;
• no sharing with unauthorised third parties;
• deletion or return of data at the end of the contractual relationship.

Profilr does not store or retain the credentials of connected third-party services without the user’s explicit consent.

Article 15 — Changes to the service

Profilr reserves the right to change the features and prices of its service. Any major change likely to affect use of the service will be notified to users in advance by email or on the platform.

Article 16 — Special conditions for APIs

Use of the API interfaces made available by Profilr is reserved for users with a subscription that allows this access.

Profilr may limit the number of requests or temporarily suspend API access in the event of overload or abusive use.

It is strictly prohibited to resell or redistribute data obtained through the Profilr API, except with prior written agreement. Any excessive or non-compliant use may lead to the immediate suspension of the access concerned.

Article 17 — Force majeure

Profilr cannot be held liable if it is unable to perform its contractual obligations due to a force majeure event. Force majeure events include, in particular, those usually recognised by French case law, such as network failures, massive cyberattacks, natural disasters, external strikes or administrative decisions.

Article 18 — Assignment of the contract

Profilr reserves the right to assign or transfer all or part of its rights and obligations under these Terms.

Article 19 — Indemnification

The user undertakes to indemnify and hold Profilr harmless in the event of damage resulting from non-compliant use of the service.

Article 20 — Limitation of liability

The Profilr service is provided as described, with no guarantee of the total absence of bugs, interruption or universal compatibility. Profilr does not guarantee any specific result. In no case can Profilr be held liable for indirect damages, loss of data or financial losses resulting from the use of the service.

Article 21 — Termination by Profilr

Profilr reserves the right to terminate or suspend an account, without refund, after written notification, in the event of:

• Non-payment of the subscription 7 days after a reminder;
• Fraudulent or abusive use of the service;
• Breach of these Terms (for example: unauthorised extraction of platform data, attempts to circumvent the APIs).

In the event of termination for fault, sums already paid are retained by Profilr.

Article 22 — General provisions

If a clause of these Terms is held invalid, the other clauses remain applicable.

For users located outside the European Union, these Terms remain governed by French law. Any dispute will be submitted to the exclusive jurisdiction of the courts of Saint-Malo (France).