1. User: refers to any professional, legal entity or individual entrepreneur who uses the service established by HookTrix upon registration.
2. Site: this refers to the HookTrix.com site
3. Subscriber: any user who has subscribed to one of the Free or paid subscription packages.
4. Content: refers to text, images, sounds, videos and photographs that may appear in the pop-up window.
5. Popup window: POP-UP, banner and/or window that contains information (text, images, sounds, videos, photographs, hypertext links and forms) prepared by the user and/or Subscriber, under your sole responsibility, which will be distributed by HookTrix on the User Site and/or Subscriber.
6. Personal account: space dedicated to the user and/or Subscriber that contains personal information.
Article 1. LEGAL NOTICE and OBJECT.
These general conditions of use (hereinafter, CGU) are intended to define the conditions of access and conditions of use of the site HookTrix .com (hereinafter, the SITE).
By becoming a user or a subscriber of the site, you acknowledge that you have read and understood the terms of this (GCU) and that you agree to be subject, without restrictions or reservations, to all its provisions.
The CGUs are published on the Site and are provided free of charge to Users and/or subscribers. They are also displayed during the registration of subscribers, who confirm that they have read and accepted them in full to validate their registration.
The SITE administered exclusively by HookTrix
HOST / Server : Digital Ocean LLC, New York, United States.
Article 2. User Subscriber account.
The registration of a Subscriber Account is strictly reserved for professionals, legal persons of public and private law who act through their representative, duly authorized for this purpose, and individualor autonomous businessmen .
Any user and/or Subscriber must guarantee HookTrix against any third party claims regarding the content (information and/or images) distributed in pop-up windows under the conditions set out in Article 5 below.
2.2 Account creation
The user can only create a single account in the Registration section on the SITE. Registration will be completed by sending an activation email with instructions to activate the subscribers account.
The data collected and subsequently processed by the Company are transmitted voluntarily by the User to the site, in particular through the registration form. This data consists of the name, valid emailand a password .
The password chosen by the user and/or Subscriber associated with your subscriber account is strictly confidential. You can not communicate or share with third parties. Under no circumstances canHookTrix be held responsible for the abusive use, loss or theft of this password.
In addition, HookTrix , since it does not have the means to guarantee the identity of the people who register for its services, is not responsible in cases of identity theft of the user and/or subscriber. If you believe that a person is using your account or your identity, you must inform us immediately by email to the following address: info@HookTrix .com.
2.3 Trial period
HOOKTRIX offers all users a free and limited subscription, without having to provide their payment information.
Article 3. FINANCIAL CONDITIONS.
3.1 Paid subscriptions
If the user wishes to extend your free subscription, the user must select a payment plan from those contained in the HookTrix / Plans page, where prices are determined in dollars.
The applicable VAT rate will be the current one on the subscription date of the user and/or subscriber.
All payments due to the Company will be made through electronic payment through Stripe for the pagon with valid bank card or Paypal.
Each payment is subject to a receipt, which will send the user the platform that receives the Stripe or Paypal payment.
Failure to pay or failure to collect by HOOKTRIX will result in the deactivation of your account. In case of cancellation on your part, any payment for a subscription period that has already begun will expire.
In case of termination by the subscriber, there will be no refund.
3.2 The different subscription packages are:
For each subscription, it is the responsibility of the subscriber to integrate their subscription code in the source code for each of their web pages to activate the pop-up, banner, notifications.
The price of subscriptions is determined based on the number of impressions and notifications that the user will have for their website or pages in the case of having more than one. Beyond the number of views established for each of the packages, the pop-up windows are blocked until the following month and the User and/or the Subscriber are notified by email and in their personal account.
The count of visits to the page begins on the first day of each month and ends on the last day of that month, specifying that for the first month invoiced, the number of visits to the page and the amount of the package will be prorated according to the subscription date of payment.
For any annual subscription, a 20% discount is offered when making the annual payment. The subscription is monthly or annual and renewable; The subscription can be canceled at any time but will not be refunded. The annual subscription must be canceled two months before the date of renewal of its annual renewal.
The payment of the subscription must be made even in case of non-exploitation of pop-up windows.
Article 4. COMMITMENTS AND GUARANTEES.
4.1 Exclusive responsibility of the user and/or subscriber:
The User and/or the Subscriber undertake to respect this CGU and the laws and regulations in force in the country where its headquarters, business or office is located.
The User and/or the Subscriber shall be solely responsible for the content and legality of the statements, information, announcements and, in general, the Content (including images, sounds, videos, photographs, etc.) of the POP-UPS. In fact, HOOKTRIX, does not verify the content of POP-UPS created and published in their respective pages by users, all responsibility is exclusive to the user and/or the subscriber.
4.2 Loyalty, honesty and obligation of legality
The user and/or the subscriber undertake not to act in a dishonest or unprofessional manner by publishing inappropriate, incorrect or harmful content in the POP-UPS (without violating any confidentiality attached to it, and ensuring that the content of the the emerging elements is not demeaning, defamatory, offensive , discriminatory or obscene, etc. , respects the rights of third parties, inno way will it be a source of violence, racism, xenophobia and/or pedophilia, and that in general it will respect the regulations on children’s rights and decency);
4.3 Rights and authorizations
Any Content reproduced for the purpose of being published in the POP-UP by the user and/or subscriber is its total and exclusive responsibility, and declares and guarantees that it possesses all the rights and authorizations necessary for this publication, in such a way that the responsibility will never be HOOKTRIX for what the user can publish in their POP-UPS .
4.4 Judicial scope and financial guarantees.
Each of the users and/or subscribers will guarantee HOOKTRIX against any claim and/or action that may be initiated by a third party in any capacity and, in particular, any person who believes that he has any right over the rights in question related to In the content of the emergent elements, the user and/or subscriber will assume all the costs of the procedures (including the attorneys fees) to whichHOOKTRIX can be exposed in this respect, as well as all the damages and interests that HOOKTRIX He can be condemned to pay.
In case of breach of any of these obligations and without this list being limited, HOOKTRIX reserves the right to:
• intervene in any Custody that promotes crimes against humanity, incites racial hatred or violence, exhibits pedophilia, violates human dignity, violates freedom of expression (defamation, racist or offensive statements …), freedom of other and/or practices contrary to morality, and to notify the user and/or the subscriber as moderator that, failing that, they can not eliminate them from contentious statements and/or images and/or sounds, the Pop-Ups and their Subscriber account will be canceled without prior notice or refund of subscription fees paid,
• or eliminate, without prior notice, the content disputed by a User and/or a Subscriber or a third party, and close the Users and/or Subscribers Account.
Article 5. DISCLAIMER OF LIABILITY
5.1 Content and partnership agreements
The Content and the publication of POP-UPS will be made under the sole responsibility of the User and/or subscriber, both with respect to HOOKTRIX and third parties.
As HOOKTRIX is limited to the distribution of POP-UPS as well as to the edited Content under the exclusive responsibility of the User and/or the Subscriber, its responsibility can not be committed, directly or indirectly, in any capacity.
In fact, HOOKTRIX is in no way responsible for the subscriber and can not be responsible for the Content (either information, sounds and/or
images fixed or moving ) placed online and displayed on the User\\\’s and/or Subscriber\\\’s site.
5.2 technical access
HOOKTRIX can not guarantee the operation in any way without interruption or error. In particular, temporary interruptions due to maintenance, upgrades or technical improvements are likely to occur without the responsibility of HOOKTRIX to be involved in this regard.
As far as possible, HOOKTRIX will inform the subscribers before a maintenance or update operation.
Similarly, HOOKTRIX can not be held liable in case of malfunction, inability to access or poor POP-UP user conditions attributable to inadequate equipment, for interruptions attributable to the host or the user\\\’s and/or subscriber\\\’s service provider . , by congestion on the Internet network, and/or for any other reason beyond the control of HOOKTRIX , a fortiori in case of force majeure.
In addition, HOOKTRIX will not be liable for indirect damages suffered due to the publication of POP-UPS on the subscribers\\\’ site.
HOOKTRIX is not responsible for graphic or typographical errors.
Describe the technical environment of the sites compatible with Pop-Ups.
Article 6. INTELLECTUAL PROPERTY
The HookTrix SITE in its entirety (including, among others, the Content, the structure, the databases, the graphics, the images, etc. of HOOKTRIX ), as well as the trademark HOOKTRIX , the logo, the graphic chart of the SITE and each of its components, are the exclusive property of HOOKTRIX . Any reproduction or representation in whole or in part is strictly prohibited.
In particular, it is strictly forbidden to make a qualitative or quantitatively substantial extract of the databases located online on the SITE.
The content developed by the user and/or subscriber within the Pop-Ups remains his property.
By registering with HookTrix , you allow us to make public reference to you as a customer.
Article 7. PERSONAL DATA.
7.1 Processing of data of Users and/or Subscribers.
The users and/or the Subscribers are informed and accept that HOOKTRIX processes their personal data (HookTrix Data) under the following conditions:
Subject: HookTrix data is collected directly from users and subscribers.
Purpose of data processing: The purpose of processing is the provision of services by HOOKTRIX to Users and/or Subscribers, including, account management, support, creation of POP-UPS. The data of HookTrix can also be used for statistical purposes, given that in such case, the information used will not allow to personally identify a person.
Data types: HookTrix The data collected and processed by HOOKTRIX are identification and contact data (name, surnames, title, professional address, emails, telephone numbers) and login data (IP addresses, data from location, data of cookies and records).
Duration: For subscribers, personal data will be processed and stored during the contractual relationship with HOOKTRIX plus five (5) years.
Recipients: HookTrix data will not be disclosed, shared or sold to any external company.
Rights of users and subscribers: Users and/or subscribers have the right to request access and rectification or deletion of their personal data or restriction of the processing of their data or object to the processing, as well as the right to the portability of the data. Users and/or subscribers can exercise their rights by sending an email to HOOKTRIX to the following email address: info@HookTrix.com.
By displaying the pop-ups created with HOOKTRIX and collecting data from Internet users (\\\”Subscriber Data\\\”), the subscriber accepts that it acts as a data controller. The subscriber declares and guarantees that it complies with the applicable data protection law (Data Protection Act) and, in particular, with the European General Data Protection Regulation 2016/679 (GDPR) if it is established in the European Union or if the data The issues affected by the treatment are found in the European Union.
HOOKTRIX will act as the data processor on behalf of the subscriber under the following conditions:
a. HOOKTRIX processes the Subscriber Data only in the subscribers documented instructions;
b. HOOKTRIX will maintain a record of all categories of processing activities performed on behalf of the Subscriber in accordance with the Data Protection Act;
c. HOOKTRIX ensures that persons authorized to process subscriber data s are committed to confidentiality or are under a legal obligation d and appropriate confidentiality;
d. HOOKTRIX takes all appropriate technical and organizational measures to ensure an adequate level of security to guarantee the security and confidentiality of Subscriber Data. The Subscriber will review any information that HOOKTRIX has made available to it in relation to the security of the data to verify if the services comply with the requirements and the legal obligations of the Subscriber under the Data Protection Law;
e. Taking into account the nature of the processing, HOOKTRIX assists the subscriber with the appropriate technical and organizational measures, as far as possible, to comply with the subscriber\\\’s obligation to respond to requests for exercise of the rights of the interested party;
f. HOOKTRIX helps the subscriber to ensure compliance with the obligations related to the security of the data processing, to the notification of a data breach to the supervisory authority, to the communication of the data breach to the interested party, to the data evaluation of data protection and for prior consultation with the supervisory authority;
g. HOOKTRIX must notify the subscriber within forty-eight (48) hours after detecting a violation of personal data. This notification will describe the nature of the violation of personal data.
h. If the subscriber chooses , HOOKTRIX deletes or returns all Subscriber Data to the subscriber once the provision of services related to the processing has been completed, and deletes the existing copies, unless the Data Protection Act requires the storage of the data. personal information;
HOOKTRIX may store information about the Users and/or Subscriber hardware in the form of cookies. A cookie is a small file sent by the HOOKTRIX server stored in the user and/or in the subscribers hardware to store the data related to the navigation of the website. The information contained in the cookies is stored only during the strictly necessary period, which in no case should exceed 13 months. At the end of this period, Users and/or Subscribers must renew their consent for the installation of cookies.
Cookies are necessary for HOOKTRIX to improve user experience, measure traffic on the website, guarantee the integrity of the registration process and filter out unauthorized IP addresses. For these cookies, Users and/or Subscribers must give their prior consent by clicking on the Accept button, on the banner that they published on the website, before any hardware installation on the computer and the use of the services provided. HOOKTRIX.
Users and/or subscribers are informed that they can prevent cookies from being stored on any hardware by changing the configuration of their browser. Users and/or subscribers can accept or reject the cookies used by the website in whole or in part. However, rejecting cookies may prevent the normal functioning of the HOOKTRIX services.
Article 8. TERMINATION.
In case of violation or fraud by a user and/or by a subscriber of this CGU , HOOKTRIX reserves the right to immediately suspend or even permanently close, without prior notice and by right, the account of the user and/or the subscriber , as well as the distribution of your POP-UPS.
Each user and/or subscriber can cancel, at any time and without prior notice, their client account. However, HOOKTRIX will not issue a refund to the Subscriber.
The termination of the Users and/or Subscribers Account will result in the suspension of all POP-UPS content from the Users and/or Subscribers account.
In the event that the User and/or the Subscriber may use the elements of their personal account against their purpose, HOOKTRIX reserves the right to cancel your Account without prior notice. The User and/or the Subscriber shall be solely responsible for the use of their identification elements by third parties and for the actions or statements made through their Account, whether fraudulent or not. The User and/or the Subscriber will be responsible for any claim made to HOOKTRIX by third parties.
Any registration that takes effect from the date of subscription to one of the subscriptions specified in Article 3.
After the initial period, the record will be renewed tacitly if it has not been canceled.
Article 9. Assignment of Jurisdiction.
These general conditions are governed by Spanish law.
Any interpretation and/or dispute that may result from this CGU , as well as any dispute between HOOKTRIX and a user and/or Subscriber in relation to the conclusion or execution of the services provided by HOOKTRIX , are the exclusive jurisdiction of the competent courts located in Barcelona.