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Terms and Conditions and Privacy Policy for Using the Lyvup Web and Mobile Platform

Terms and Conditions and Privacy Policy for Using the Lyvup Web and Mobile Platform

1. Lyvup Web, Mobile en Add-in platform

Lyvup web, mobile and add-in platform (from now on: Platform) allows users to see the profiles of people they contact, give and receive feedback (e.g. praise and suggestions) from other users and through insights and browse content to better understand different profiles of people. Users install the Platform’s mobile app through various app marketplaces (such as Google Android Market, Apple iTunes Store), in a manner and under conditions determined by the marketplace creator. Users install product add-ins through respective product stores such as Microsoft Office Store for add-ins for Microsoft Outlook, in a manner and under conditions determined by the creator of the marketplace.

Terms of Use of the Lyvup Platform

These terms of use for the Lyvup platform (hereafter: terms of use) define all relevant terms and conditions and obligations to use the platform. They are published online at www.lyvup.com.

Platform provider

Platform provider is the company Lyvup BV, Herengracht 59, 1015 BC, Amsterdam, Netherlands, registration number: 80366708, registered in Amsterdam, Netherlands (from now on: Provider).

User

A user is any person who uses one of the platform’s tools – Lyvup mobile app, Lyvup Outlook plugin, Lyvup website or other tools.

2. Platform Terms of Use

Users download and install the Lyvup mobile app on their smartphone from any of the app marketplaces in a manner and subject to terms and conditions determined by the marketplace provider.

When users log in to the Platform (or any tool of the Platform) for the first time, they agree to the Terms of Use. If they don’t, they won’t be able to use the platform.

3. Platform Content

Content and data that users receive through the use of the platform are purely informational in nature and serve informational purposes only. User profiles are not intended to recruit or select candidates for specific positions. They are also not intended to determine salaries or other compensation options.

4. Platform Price

The price for using the Platform is determined and agreed between the provider and the user’s employer.

Users are responsible for any data transfer fees charged by their ISP, according to the ISP’s official price list.

5. Privacy and Security of Users’ Personal Information

Users can control who they share their profile with through any of the platform’s tools. They can set their profile to be visible to.

  • no one (except himself),
  • all users of the platform,
  • other employees in their organization.

By agreeing to these terms of use after the first login, the user also agrees to share his profile with other employees in his organization. He can then change this privacy setting at any time and as often as he wants via the settings of the platform.

Users who do not share their profile with anyone will also not be able to see the profiles of other users (their colleagues). These profiles are only unlocked when they decide to share their own profile.

The Provider is expressly obliged to store, use and process all personal data in accordance with current laws and regulations regarding the protection of personal data. All users who transmit the data to the provider, or for whom the provider obtains the data from other sources, agree that the provider uses and processes this data for the period and purpose for which the data was transmitted or obtained.

Add-ins such as the Microsoft Outlook add-in do not collect content data. The only data transferred between the add-in and Lyvup servers is the email address of the recipient(s) and the sender. This address is used to select which user profile should be shown to the add-in user.

Users can request that their data and profile be deleted at any time. He can do this by sending a data deletion request to support@Lyvup.com.

6. copyrights

The Lyvup products and their content are developed entirely by Lyvup.

The only content not produced by Lyvup is

  • The surveys used in the assessments

By installing the platform’s mobile app on their smartphone, users are granted non-transferable and non-exclusive rights to use the mobile app on their smartphone and for personal (non-commercial) use only.

Provider does not transfer any copyrights or other intellectual property rights related to the Platform (including trademark, logo, name and other rights) to the user. The user is only granted non-transferable and non-exclusive rights to use the platform in a manner and scope determined in these terms of use.

In particular, the user must not:

  • make copies of the mobile app or other platform content;
  • install the platform on their own server or another platform;
  • distribute or access the Platform in any way over the Internet;
  • lease or sell licenses to the Platform to use the mobile app;
  • translate, adapt, edit or otherwise modify the Platform.

These restrictions do not include rights to which users are entitled under currently applicable copyright, intellectual property and personal data protection laws.

7. Limitations of Provider’s Responsibility

The user is aware and agrees that:

  • the content and data they see through the platform are purely informative in nature;
  • he is fully responsible for all data he provides to install and use the Platform and that the Provider can in no way be responsible for any consequences that the User may suffer;
  • The Provider does not claim any responsibility for functionalities or quality of the Platform;
  • Provider claims no responsibility or obligations for errors or other shortcomings of the Platform, including legal errors;
  • The provider cannot guarantee that the platform meets all the user’s requirements;
  • The Provider cannot guarantee the functioning of the Platform, nor does it claim any responsibility in the event of network errors, faults in the power grid or other technical failures, including a higher power that could make the Platform temporarily unusable;
  • It bears the full responsibility for protecting all data on media (such as hard drives, smartphones, tablets, etc.) and that the Provider is not responsible for any loss of such data and it is not responsible for the malfunctioning of the Platform because the user does not meet the necessary technical and other conditions to use the Platform;
  • The Provider does not guarantee that the Platform functions without errors and uninterrupted, nor that it does not contain harmful or dangerous code;
  • The Provider does not guarantee that the Platform will function on all applications and in combination with software or hardware;
  • The Provider is not responsible for the reliability and quality of the Platform’s connection to the Internet or the quality and reliability of data transmission to and from the Internet or any other communication channel.
  • trm_Provider Responsibility point 11

8. Liability of the provider for damage

The Provider’s liability for damages resulting from negligence is limited to the widest possible extent, permitted by currently applicable regulations and laws.

The Provider is also not responsible for any loss of revenue, data or any other consequential or direct damages, unless otherwise required by currently applicable laws.

Provider is not responsible for damage caused due to higher force.

9. Complaints

The Provider is responsible for answering and resolving complaints about the functioning of the Platform. It will resolve these complaints in accordance with the rules available on www.lyvup.com. Any complaints should be addressed to the Provider’s email address support@lyvup.com.

If there is a complaint about the communication network or the payment of fees to the user’s chosen Internet and communication service provider, it is the user’s responsibility to contact that provider and resolve the issue on their own. Internet and communication service providers resolve complaints in accordance with their own terms of use.

10. Termination of using the platform

Platform will be available to users from May 10, 2017. The provider reserves the right to terminate the availability of the platform at any time by properly informing the users (for example, by posting a notice on its website).

The Provider reserves the right to terminate access to the Platform for any User who does not comply with these Terms of Use without prior notice. In the event of termination of the use of the Platform, as provided in this chapter, the User automatically loses the right to use the Platform and is obliged to discontinue use of the Platform and all copies of the Platform and its tools that it still in his possession to remove or destroy. .

11. Final Provisions

Due to technical or functional upgrades of the platform, the provider reserves the right to publish a new version of any tool of the platform. The user will be notified of the update via the platform or the update will be performed automatically. These terms of use apply. also for all future upgrades or other changes to the Platform, unless the Provider expressly determines otherwise.

In case of misuse by the User of these Terms of Use or unauthorized use of the Platform, the Provider reserves the right to take all necessary precautions and measures to safeguard its rights and rights of other Users.

The provider reserves the right to change these terms of use at any time. In case of change, it will notify users (for example, by posting a notice on its website). If a user does not agree with the change in the terms of use, he is requested to immediately stop using the platform. If he does not stop using the platform, he agrees to the new terms of use.

Visit www.lyvup.com for more information.

These terms of use come into effect on the day of publication of the platform.

The original terms of use are available at the provider’s office and may be inspected at the provider’s office upon prior notice to the user. The original copy is available in the Dutch language. The use of the Platform is possible in the Dutch, English, Spanish or Portuguese language.

These terms of use were originally written in Dutch.

Any disputes regarding the Platform or these Terms of Use will be settled under the jurisdiction of the courts in Amsterdam, the Netherlands and under Dutch law.

These Terms of Use were written and signed on August 1, 2020

© 2022 – Lyvup BV Herengracht 59, 1015 BC Amsterdam