Terms of Use

Article 1 — Purpose

These Terms of Use define the conditions for using the Profilr service, a SaaS talent-sourcing platform. By accessing the platform, the User accepts these Terms of Use without reservation.

Article 2 — Access to the service

The service is accessible to anyone with a user account and an active subscription. Registration requires accurate and complete information. The User must take out a paid subscription to access the platform’s features. Access and pricing terms are set out on Profilr’s official website.

Profilr reserves the right to change the subscription and access conditions, informing users in advance.

The service is reserved for professional use. Any registration in a personal capacity or for purposes unrelated to a professional activity is prohibited.

Article 3 — Use of the service

The User undertakes to use Profilr in compliance with the laws in force and not to use the service for unlawful, fraudulent or harmful purposes.

The User undertakes not to circumvent the technical protection measures of the Profilr platform, nor to automate access to the platform or extract its data beyond the features expressly provided by Profilr. These restrictions aim to protect the integrity, availability and security of the platform; they do not prevent normal use of the sourcing features provided by the service.

Article 4 — User’s obligations and responsibilities

The User is responsible for the use of their account and undertakes not to share their credentials. They undertake to keep their credentials secure and to use a strong password. Any suspicious activity must be reported to Profilr without delay.

The User undertakes to synchronise only professional network accounts of which they are the holder, and never to connect or use a third party’s credentials. Profilr cannot be held liable for any fraudulent use of a third-party account connected to the service.

When using the contact-enrichment features, the User acts as data controller with regard to the data subjects and undertakes to inform them in accordance with Article 14 of the GDPR, within a maximum of 60 days, notably through the information tools provided by Profilr.

Any negligence in managing access may lead to the suspension or deletion of the account.

Article 5 — Profilr’s obligations and responsibilities

Profilr uses all reasonable means to ensure continuous access to the platform but cannot guarantee uninterrupted availability. Profilr undertakes to inform users of planned maintenance likely to affect access to the service.

In the event of a major outage, incidents or malfunctions, Profilr will put corrective measures in place as soon as possible, depending on the severity of the situation and the resources available. However, no express or implied guarantee is given as to the uninterrupted performance of the service. Profilr reserves the right to make changes or updates to the service.

Article 6 — Personal data protection

Roles

Profilr acts in different capacities depending on the nature of the processing:

• Independent data controller for building and operating its index database of professional profiles obtained through open-web sourcing;
• Processor for the User (data controller) for operations carried out on the User’s behalf: on-demand contact enrichment, hosting and management of the candidate CRM, sending of communications.

Applicable documents

The processing of personal data is governed by:

• Profilr’s Privacy Policy, which forms an integral part of these Terms of Use;
• the Data Processing Agreement (DPA) concluded in accordance with Article 28 of the GDPR for processing carried out by Profilr as a processor, available on request at dpo@profilr.eu, which prevails over these Terms of Use for any question relating to personal data protection.

Security and individuals’ rights

Profilr applies industry-standard security measures to protect personal and professional data against unauthorised access, alteration, disclosure or destruction.

In accordance with Articles 12 to 23 of the GDPR, data subjects have the following rights: access, rectification, erasure, restriction of processing, objection, data portability, and the right not to be subject to a decision based solely on automated processing. These rights may be exercised by sending a request to the address given in the Privacy Policy. Profilr handles every request within a maximum of one month, in accordance with Article 12(3) of the GDPR.

Profilr shares data with third parties only as necessary to provide the service and in accordance with the Privacy Policy.

Article 7 — Intellectual property and systems security

All the platform’s content (texts, images, code, design) is the exclusive property of Profilr and may not be reproduced, modified, distributed or resold without prior written authorisation. Any attempt at reproduction, reverse engineering or unauthorised commercial exploitation of the SaaS is strictly prohibited and may give rise to legal action.

Likewise, any attempt by a third party at unauthorised access to Profilr’s systems, any intrusion, any unauthorised security test (pentest), or any action aimed at disrupting Profilr’s proper operation is strictly prohibited and may lead to legal action. This prohibition covers access and tests carried out by third parties without authorisation; it does not prevent the security audits and tests that Profilr carries out or has carried out on its own systems.

Article 8 — Suspension and termination

Profilr reserves the right to suspend or terminate an account in the event of a breach of these Terms of Use. In the event of termination, the User may request to recover their data within 30 days, unless the termination is due to a serious breach of these Terms of Use.

In the event of termination for breach, Profilr will notify the User by email at least 5 working days before actual deactivation, except in cases of security urgency.

The User retains full ownership of the data they import or create on the platform. Profilr acquires no ownership right over this data and uses it only to provide the service.

Article 9 — Limitation of liability

In all cases, Profilr’s total liability under these Terms shall not exceed the total amount paid by the User over the previous 12 months.

Profilr cannot be held liable for indirect damages related to the use of the service, including but not limited to: financial losses, missed business opportunities, damage to reputation, loss of data or business interruption resulting from the use or unavailability of the service.

Article 10 — Changes to the Terms of Use

Profilr reserves the right to modify these Terms of Use. Any change will be notified to active users by email and/or through a notification on the platform. Users will be informed at least 15 days before the new conditions take effect, unless an immediate update is necessary for legal or security reasons.

Article 11 — Governing law and disputes

These Terms of Use are governed by French law. Before any legal action, the parties will endeavour to find an amicable solution. Failing that, exclusive jurisdiction is granted to the competent courts of the district of Profilr’s registered office, notwithstanding multiple defendants or third-party claims.