hubsell UG
Friedrichstrasse 114A
Berlin, Berlin
10117, Germany
Registration – HRB175309B
Ust.ID: DE305258320
Director: Karan Sharma
Email: hello@hubsell.com
Owner: hubsell UG (haftungsbeschränkt)
CEO Karan Sharma
Friedrichstrasse 114A
10117 Berlin, Germany
Registration
Amtsgericht Charlottenburg
HRB175309B
DE305258320
Liability for Content
As a service provider, we are responsible for our own content on these pages in accordance with general laws in accordance with Section 7 (1) TMG. According to §§ 8 to 10 TMG, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the time we become aware of a specific legal violation. As soon as we become aware of such violations, we will remove this content immediately.
Liability for Links
Our offer contains links to external websites of third parties, the content of which we have no influence on. For this reason, we cannot accept any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time the link was created. No illegal content was discernible at the time the link was created. A permanent control of the content of the linked pages is not reasonable without concrete evidence of an infringement. As soon as we become aware of legal violations, we will remove such links immediately.
Copyright
The content and works on these pages created by the site operator are subject to German copyright law. Duplication, editing, distribution and any kind of use outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this page are only permitted for private, non-commercial use. As far as the content on this page was not created by the operator, the copyrights of third parties are respected. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, please let us know. As soon as we become aware of legal violations, we will remove such content immediately.
What is Personal Data?
The concept of personal data is defined in the Federal Data Protection Act and in the EU GDPR. According to this, this is individual information about the personal or factual circumstances of a specific or identifiable natural person. This includes, for example, your real name, your address, your telephone number or your date of birth.
Scope of Anonymous Data Collection and Data Processing
Unless otherwise stated in the following sections, no personal data is collected, processed or used when using our website. However, we learn certain technical information about the use of analysis and tracking tools based on the data transmitted by your browser (e.g. browser type / version, operating system used, websites visited by us, including length of stay, previously visited website). We only evaluate this information for statistical purposes.
Legal Basis for the Processing of Personal Data
Insofar as we obtain the data subject’s consent for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data. When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 (1) lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures. Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis. If processing is necessary to safeguard the legitimate interests of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 (1) lit. f GDPR serves as the legal basis for processing.
Creation of Log Files
Each time the website is accessed, hubsell UG (limited liability) collects data and information through an automated system. These are saved in the log files of the server. The data is also stored in the log files of our system. This data is not stored together with other personal data of the user.
The following data can be collected:
(1) Information about the browser type and the version used
(2) The user’s operating system
(3) The user’s Internet service provider
(4) The user’s IP address
(5) Date and time of access
(6) Websites from which the user’s system reaches our website (referrer)
(7) Websites that are accessed by the user’s system via our website
Routine Deletion and Blocking of Personal Data
The controller processes and stores personal data of the data subject only as long as is necessary to achieve the storage purpose. Storage can also take place insofar as this has been provided for by European or national legislators in Union law regulations, laws or other regulations to which the person responsible for processing is subject. As soon as the storage purpose no longer applies or a storage period prescribed by the aforementioned regulations expires, the personal data will be routinely blocked or deleted.
Rights of the Data Subject
If personal data is processed by you, you are the person concerned in the sense of GDPR and you have the following rights vis-à-vis the person responsible:
Right of Providing Information
You can ask the person responsible to confirm whether we process personal data relating to you. If such processing is available, you can request the following information from the person responsible:
a. the purposes for which the personal data are processed;
b. the categories of personal data that are processed;
c. the recipients or categories of recipients to whom your personal data has been or will be disclosed;
d. the planned duration of storage of your personal data or, if specific information on this is not possible, criteria for determining the storage period;
e. the existence of a right to correction or deletion of your personal data, a right to restriction of processing by the person responsible or a right to object to this processing;
f. the right to lodge a complaint with a supervisory authority;
g. all available information about the origin of the data if the personal data is not collected from the data subject;
h. the existence of automated decision-making, including profiling, in accordance with Art. 22 Para. 1 and 4 GDPR and – at least in these cases – meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether your personal data will be transferred to a third country or to an international organization. In this context, you can request the appropriate guarantees in accordance with Art. 46 GDPR to be informed in connection with the transmission.
Right to Rectification
You have a right to correction and / or completion vis-à-vis the person responsible if the processed personal data concerning you is incorrect or incomplete. The person responsible must make the correction immediately.
Right to Restriction of Processing
You can request that the processing of your personal data be restricted under the following conditions:
a. if you contest the accuracy of your personal data for a period of time that enables the person responsible to check the accuracy of the personal data;
b. the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
c. the controller no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
d. if you have objected to processing in accordance with Art. 21 Para. 1 GDPR and it is not yet certain whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of your personal data has been restricted, this data – apart from its storage – may only be obtained with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of important public interest in the Union or a Member State. If the restriction of processing according to the above You will be informed by the person responsible before the restriction is lifted.
Right to Deletion
(1) You can request the data controller to delete your personal data immediately, and the data controller is obliged to delete this data immediately if one of the following reasons applies:
a. The personal data relating to you are no longer necessary for the purposes for which they were collected or otherwise processed.
b. You revoke your consent on which the processing was based in accordance with Art. 6 para. 1 lit. a or Art. 9 Para. 2 lit. a GDPR was based, and there is no other legal basis for the processing.
c. According to Art. 21 para. 1 GDPR and the processing is objectionable and there are no overriding legitimate reasons for the processing, or you file an objection pursuant to Art. Art. 21 para. 2 GDPR to object to processing.
d. The personal data concerning you have been unlawfully processed.
e. The deletion of your personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which the controller is subject.
f. The personal data concerning you was collected in relation to information society services offered in accordance with Art. 8 Para. 1 GDPR.
(2) Has the person responsible made your personal data public and is he acc. 17 para. 1 GDPR to delete them, he takes appropriate measures, including technical ones, taking into account the available technology and the implementation costs, in order to inform those responsible for data processing who process the personal data that you as the data subject, has asked them to delete all links to this personal data or copies or replications of this personal data.
(3) The right to erasure does not exist insofar as processing is necessary
a. to exercise the right to freedom of expression and information;
b. to fulfill a legal obligation that requires processing under the law of the Union or the Member States to which the controller is subject, or to perform a task that is in the public interest or in the exercise of official authority vested in the controller;
c. for reasons of public interest in the area of public health in accordance with Art. 9 para. 2 lit. h and i as well as Art. 9 para. 3 GDPR;
d. for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes acc. Art. 89 Para. 1 GDPR, insofar as the right mentioned in Paragraph 1 is likely to make the achievement of the objectives of this processing impossible or seriously impair it, or
e. to assert, exercise or defend legal claims.
Right to be informed
If you have asserted the right to correction, deletion or restriction of processing against the person responsible, he is obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves to be impossible or involves a disproportionate effort. You have the right vis-à-vis the person responsible to be informed about these recipients
Right to Data Portability
You have the right to receive your personal data, which you have provided to the person responsible, in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that:
a. processing based on consent in accordance with Art. 6 para. 1 lit. a GDPR or Art. 9 Para. 2 lit. a GDPR or on a contract acc. Art. 6 para. 1 lit. b GDPR is based and
b. processing is carried out using automated processes. In exercising this right, you also have the right to have your personal data transferred directly from one controller to another, insofar as this is technically feasible. The freedoms and rights of other people must not be affected by this. The right to data portability does not apply to the processing of personal data that is necessary for the performance of a task that is in the public interest or in the exercise of official authority that has been transferred to the person responsible.
Right to Object
You have the right, for reasons that arise from your particular situation, to object at any time against the processing of your personal data, which takes place based on Art. 6 Para. 1 lit. e or f GDPR; this also applies to profiling based on these provisions. The person responsible no longer processes your personal data, unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is connected to such direct advertising. If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes. Regardless of Directive 2002/58 / EC, you have the option of exercising your right to object in connection with the use of information society services using automated procedures that use technical specifications.
Right to withdraw the data protection declaration of consent
You have the right to withdraw your declaration of consent under data protection law at any time. Withdrawing consent does not affect the lawfulness of processing based on consent before its withdrawal.
Right to Lodge a Complaint with a Supervisory Authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your residence, your place of work or the place of the alleged infringement, if you believe that the processing of your personal data violates the GDPR offends. The supervisory authority to which the complaint has been submitted will inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
Duration of Storage of Personal Data
Personal data is stored for the duration of the respective statutory retention period. After the period has expired, the data will be routinely deleted unless there is a need for initiating a contract or fulfilling the contract.
Use of Cookies
The hubsell UG website (limited liability) uses cookies. Cookies are data that are stored by the internet browser on the user’s computer system. The cookies can be transmitted to a page when it is called up and thus allow the user to be assigned. Cookies help to make the use of websites easier for users. Our legitimate interest in the processing of personal data in accordance with Art. 6 Para. 1 lit. f GDPR. We also use cookies on our website that enable an analysis of the surfing behavior of users.
(1) Entered search terms
(2) Frequency of page views
(3) Use of website functions
It is possible to object to the setting of cookies at any time by changing the setting in the Internet browser accordingly. Set cookies can be deleted. Please note that if cookies are deactivated, not all functions of our website may be used to their full extent. The user data collected in this way is pseudonymized using technical precautions. It is therefore no longer possible to assign the data to the accessing user. The data is not stored together with other personal data of the users. When our website is called up, an information banner informs users about the use of cookies for analysis purposes and refers them to this data protection declaration. In this context, there is also a note on how the storage of cookies can be prevented in the browser settings. The legal basis for the processing of personal data using technically necessary cookies is Art. 6 Para. 1 lit. f GDPR. The legal basis for the processing of personal data using cookies for analysis purposes is the consent of the user, Art. 6 para. 1 lit. a GDPR. Whether and to what extent cookies are used on our website can be found in our cookie banner and our information in this data protection declaration.
Google Analytics and Conversion Tracking
Description and purpose
This website uses the “Google Analytics” service, which is provided by Google LLC. (1600 Amphitheater Parkway Mountain View, CA 94043, USA) is offered to analyze website usage by users. The service uses “cookies” – text files that are stored on your device. The information collected by the cookies is usually sent to a Google server in the USA and stored there. If necessary. Google Analytics is expanded on this website by the code “gat._anonymizeIp ();” to ensure anonymous collection of IP addresses (so-called IP masking). Please also note the following information on the use of Google Analytics: This website uses Google Analytics, a web analytics service provided by Google LLC. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that enable an analysis of your use of the website. The user’s IP address is shortened within the member states of the EU and the European Economic Area. This shortening eliminates the personal reference to your IP address. As part of the agreement on the order data agreement, which the website operator has concluded with Google LLC, the website operator uses the information collected to evaluate website usage and website activity and provides services related to internet usage.
Legal Basis
The legal basis for the processing of personal data is consent in accordance with Art. 6 para. 1 lit. a) GDPR, if the anonymized data collection using the code “gat._anonymizeIp” does not take place. Otherwise, especially if “gat._anonymizeIp” is used, Art. 6 Para. 1 lit. f) GDPR is the legal basis.
Receiver
If IP anonymization is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services related to website activity and internet usage. In addition, we use Google Conversion Tracking in connection with Google Analytics. This enables us to record the behavior of our website visitors. For example, we are shown how many PDF’s have been downloaded from our website or how often the contact form has been filled out. We are also shown how many clicks on advertisements from external sources (AdWords, LinkedIn, Xing, Facebook, Pinterest, Instagram, etc.) led to our website. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by clicking on the following link. Download and install the available browser plug-in. You can prevent Google Analytics from collecting data by clicking on the following link.
Transmission to Third Countries
The data is transferred to a Google server in the USA and stored there. The personal data is transmitted to the USA under the EU-US Privacy Shield based on the adequacy decision of the European Commission. You can access the certificate here.
Duration of Data Storage
The data sent by us and linked with cookies, user IDs (e.g. user ID) or advertising IDs will be automatically deleted after 14 months. Data whose retention period has expired is automatically deleted once a month.
Revocation and Objection Options
You can prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser add-on. Opt-out cookies prevent the future collection of your data when you visit this website. In order to prevent the acquisition by Universal Analytics across different devices, you have to carry out the opt-out on all used systems. If you click here, the opt-out cookie will be set: Deactivate Google Analytics.
Contractual or Legal Obligation
The provision of personal data is neither required by law nor by contract and is also not required for the conclusion of a contract. You are also not obliged to provide the personal data. However, failure to provide this information could mean that you may not be able to use this function on our website, or not use it at all.
Further Data Protection Information via Link
Further information on terms of use and data protection can be found at: Privacy Policy and Terms of Service
Integration of other Services and Content from Third Parties
It may happen that third-party content, such as videos, fonts or graphics from other websites, is integrated into this online offer. This always presupposes that the providers of this content (hereinafter referred to as “third-party providers”) perceive the IP address of the users. Because without the IP address, they could not send the content to the browser of the respective user. The IP address is therefore required to display this content. We strive to only use content whose respective providers only use the IP address to deliver the content. However, we have no influence on whether the third-party provider uses the IP address e.g. save for statistical purposes. As far as we know, we will inform the users about it. We want to provide and improve our online offering through these integrations.
Contact Form
A contact form is available on the www.hubsell.com website that can be used to contact us electronically. Alternatively, you can contact us via the email address provided. If the data subject contacts via one of these channels, the personal data transmitted by the data subject are automatically saved. The storage serves solely for the purposes of processing or contacting the data subject. A transfer of data to third parties does not take place. The legal basis for processing the data is Art. 6 (1) lit. a GDPR. The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 para. 1 lit. f GDPR. If the email contact aims to conclude a contract, then an additional legal basis for the processing is Art. 6 Para. 1 lit. b GDPR. The data will be deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those that were sent by email, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the matter in question has been finally clarified. The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.
Applications
By submitting the application to us, the applicants consent to the processing of their data for the purposes of the application process in accordance with the type and scope set out in this data protection declaration. If special categories of personal data within the meaning of Art. 9 Para. 1 GDPR are voluntarily communicated within the scope of the application process, their processing is also carried out in accordance with Art. 9 Para. 2 lit. b GDPR (e.g. health data, such as severely disabled status or ethnic origin). Insofar as special categories of personal data within the meaning of Art. 9 Para. 1 GDPR are requested from applicants within the application process, their processing is also carried out in accordance with Art. 9 Para. 2 lit. a GDPR (e.g. health data if this is necessary for the exercise of a profession). If provided, applicants can send us their applications using an online form on our website. The data is encrypted and transmitted to us in accordance with the state of the art. Applicants can also send us their applications via email. However, please note that emails are generally not sent in encrypted form and applicants must ensure that they are encrypted themselves. We can therefore not assume any responsibility for the transmission path of the application between the sender and receipt on our server and therefore recommend using an online form or sending by post. Because instead of applying via the online form and e-mail, applicants still have the option to send us the application by post. The data provided by the applicants can be processed by us in the event of a successful application for the purposes of the employment relationship. Otherwise, if the application for a job offer is not successful, the applicant’s data will be deleted. Applicant data will also be deleted if an application is withdrawn, which applicants are entitled to do at any time. The deletion takes place, subject to a justified revocation of the applicants, after a period of six months, so that we can answer any follow-up questions to the application and meet our obligations to provide evidence from the Equal Treatment Act. Invoices for any reimbursement of travel expenses are archived in accordance with tax regulations.
Last updated: May 24th, 2018
hubsell UG (henceforth hubsell) terms of service
1. Overview
hubsell (“hubsell,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.hubsell.com (the “Site”) and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at www.hubsell.com/privacy. All such terms are hereby incorporated by reference into these Terms of Service.
2. Access and Use of the Service
Services Description: The Service is designed to provide a market intelligence and lead generation solution allowing users to identify and build contact and account data, and analyse lead data performance.
Your Registration Obligations: You may be required to register with hubsell in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorised to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify hubsell of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. hubsell will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: hubsell reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that hubsell will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that hubsell may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on hubsell’s servers on your behalf. You agree that hubsell has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that hubsell reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that hubsell reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
3. Conditions of Use
Data use: hubsell data is researched solely for the customer and can only be used by the customer for which it was researched. hubsell provided data cannot be: (i) resold nor (ii) given away freely to another legal entity, nor (iii) used to set up any competing activities against hubsell.
User Conduct: You are solely responsible for all information, data, text, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by hubsell. hubsell reserves the right to investigate and take appropriate legal action against anyone who, in hubsell’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
You agree to not use the Service to email, transmit or otherwise upload any content that:
(i) (infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (vii) in the sole judgment of hubsell, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose hubsell or its users to any harm or liability of any type.
Furthermore, you agree to not use this service to:
(i) interfere with or disrupt the Service or servers or networks connected to the Service; (ii) disobey any requirements, procedures, policies or regulations of networks connected to the Service; (iii) violate any applicable local, state, national or international law, or any regulations having the force of law; (iv) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) solicit personal information from anyone under the age of 18; (vi) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorised; (vii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (viii) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide hubsell information regarding your credit card or other payment instrument. You represent and warrant to hubsell that such information is true and that you are authorised to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay hubsell the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorise hubsell to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable order form until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let hubsell know within sixty (60) days after the date that hubsell charges you. We reserve the right to change hubsell’s prices.
4. Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by hubsell, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by hubsell from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of hubsell, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by hubsell.
The hubsell name and logos are trademarks and service marks of hubsell (collectively the “hubsell Trademarks”). Other hubsell, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to hubsell. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of hubsell Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of hubsell Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will hubsell be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that hubsell does not pre-screen content, but that hubsell and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, hubsell and its designees will have the right to remove any content that violates these Terms of Service or is deemed by hubsell, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients, including any customer relationship management (“CRM”) data you upload to the Site (your “CRM Data”) (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. Unless specifically permitted by you, your use of the Site and any hubsell Service does not grant hubsell the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for hubsell commercial, marketing or any similar purpose. For avoidance of doubt, User Content shall not include any independently verifiable content that is or can be acquired by hubsell through any other medium.
Notwithstanding the foregoing, hubsell shall have the right to collect and analyse your User Content and other information relating to the provision, use and performance of various aspects of the Site and Service and related systems and technologies (including, without limitation, information concerning CRM Data and data derived therefrom), and hubsell will be free (during and after the term of your use of the Service) to (i) use such User Content (including CRM Data) to improve and enhance the Site and Service and for other development, diagnostic and corrective purposes in connection with the Site and Service, related software and services and other hubsell offerings, and (ii) disclose such UserContent (including CRM Data) solely in aggregate or other de-identified form, such that your (and your customers’) identity is impossible to ascertain, in connection with the hubsell business. No rights or licenses are granted except as expressly set forth herein.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to hubsell are non-confidential and hubsell will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that hubsell may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of hubsell, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. hubsell has no control over such sites and resources and hubsell is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that hubsell will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that hubsell is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold hubsell and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
6. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. hubsell EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
hubsell MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
7. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT hubsell WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF hubsell HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL hubsell’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID hubsell IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
8. Arbitration
At hubsell’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by a binding arbitration.
9. Termination
You agree that hubsell, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if hubsell believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. hubsell may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that hubsell may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that hubsell will not be liable to you or any third party for any termination of your access to the Service.
10. User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and hubsell will have no liability or responsibility with respect thereto. hubsell reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
11. General
These Terms of Service constitute the entire agreement between you and hubsell and govern your use of the Service, superseding any prior agreements between you and hubsell with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.
12. Your Privacy
At hubsell, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
13. Marketing Material
By using hubsell services, you (only in case of an authorised signatory) agree to let hubsell use your company’s logo and name on hubsell’s website and marketing materials.
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Please contact us at legal@hubsell.com for any questions or comments.
The following documents are co-executed with the terms for any user or buyer of hubsell services:
1. Data Processing Agreement: https://hubsell.com/gdpr-eprivacy/
2. Privacy Policy: https://hubsell.com/privacy/
3. Mutual Non Disclosure Agreement - as shown below.
hubsell UG (henceforth hubsell) Mutual Non Disclosure Agreement
By using any of hubsell services as covered in hubsell terms of service: https://hubsell.com/terms/ you are agreeing with the following mutual non disclosure agreement.
Parties are as follows:
hubsell UG (Party 1)
and the Party 2 constitudes any user or buyer of hubsell services
(together the “Parties”) have an interest in participating in discussions and activities wherein either Party might share information with the other that the disclosing Party considers to be proprietary and confidential to itself (“Confidential Information”); and
WHEREAS the Parties agree that Confidential Information of a Party might include, but not be limited to that Party’s: (1) business plans, methods, and practices; (2) personnel, customers, and suppliers; (3) inventions, processes, methods, products, patent applications, and other proprietary rights; or (4) specifications, drawings, sketches, models, samples, tools, computer programs, technical information, or other related information;
The Parties agree as follows:
Either Party may disclose Confidential Information to the other Party in confidence provided that the disclosing Party identifies such information as proprietary and confidential either by marking it, in the case of written materials, or, in the case of information that is disclosed orally or written materials that are not marked, by notifying the other Party of the proprietary and confidential nature of the information, such notification to be done orally, by email or written correspondence, or via other means of communication as might be appropriate.
When informed of the proprietary and confidential nature of Confidential Information that has been disclosed by the other Party, the receiving Party (“Recipient”) shall, for a period of three (3) years from the date of disclosure, refrain from disclosing such Confidential Information to any contractor or other third party without prior written approval from the disclosing Party and shall protect such Confidential Information from inadvertent disclosure to a third party using the same care and diligence that the Recipient uses to protect its own proprietary and confidential information, but in no case less than reasonable care. The Recipient shall ensure that each of its employees, officers, directors, or agents who have access to Confidential Information disclosed under this Agreement is informed of its proprietary and confidential nature and is required to abide by the terms of this Agreement. The Recipient of Confidential Information disclosed under this Agreement shall promptly notify the disclosing Party of any disclosure of such Confidential Information in violation of this Agreement or of any subpoena or other legal process requiring production or disclosure of said Confidential Information.
All Confidential Information disclosed under this Agreement shall be and remain the property of the disclosing Party and nothing contained in this Agreement shall be construed as granting or conferring any rights to such Confidential Information on the other Party. The Recipient shall honor any request from the disclosing Party to promptly return or destroy all copies of Confidential Information disclosed under this Agreement and all notes related to such Confidential Information. The Parties agree that the disclosing Party will suffer irreparable injury if its Confidential Information is made public, released to a third party, or otherwise disclosed in breach of this Agreement and that the disclosing Party shall be entitled to obtain injunctive relief against a threatened breach or continuation of any such breach and, in the event of such breach, an award of actual and exemplary damages from any court of competent jurisdiction.
The terms of this Agreement shall not be construed to limit either Party’s right to develop independently or acquire products without the use of the other Party’s Confidential Information. The disclosing party acknowledges that the Recipient may currently or in the future be developing information internally, or receiving information from other parties, that is similar to the Confidential Information. Nothing in this Agreement will prohibit the Recipient from developing or having developed for it products, concepts, systems or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in the Confidential Information provided that the Recipient does not violate any of its obligations under this Agreement in connection with such development.
Notwithstanding the above, the Parties agree that information shall not be deemed Confidential Information and the Recipient shall have no obligation to hold in confidence such information, where such information:
Is already known to the Recipient, having been disclosed to the Recipient by a third party without such third party having an obligation of confidentiality to the disclosing Party; or
Is or becomes publicly known through no wrongful act of the Recipient, its employees, officers, directors, or agents; or
Is independently developed by the Recipient without reference to any Confidential Information disclosed hereunder; or
Is approved for release (and only to the extent so approved) by the disclosing Party; or
Is disclosed pursuant to the lawful requirement of a court or governmental agency or where required by operation of law.
Nothing in this Agreement shall be construed to constitute an agency, partnership, joint venture, or other similar relationship between the Parties.
Neither Party will, without prior approval of the other Party, make any public announcement of or otherwise disclose the existence or the terms of this Agreement.
This Agreement contains the entire agreement between the Parties and in no way creates an obligation for either Party to disclose information to the other Party or to enter into any other agreement.
This NDA Agreement shall remain in effect for a period of two (2) years from the end of the service usage.
