Welcome to DATAGMA!
We specialise in enriching B2B business contact data from our platform at https://datagma.com/. We provide verified emails and real-time phone numbers of your business contacts for your marketing and recruitment campaigns. Our tools include file import, an intuitive API, and a Chrome extension to simplify the collection of business information. All data is extracted in real time without storage.
DATAGMA is an activity carried out by INFORMATIONS, a simplified joint stock company (Société par actions simplifiée unipersonnelle, SASU), with its registered office at 3 boulevard de Sébastopol, 75001 Paris (FRANCE), registered with the Paris Trade and Companies Register under number 833 914 393.
These Terms of Services (“ToS”) govern the contractual relationship between INFORMATIONS and its professional customers (“Customer”), in connection with the use of the services offered on https://datagma.com.
For any inquiries: info@datagma.com or by mail at the postal address listed above.
Contents:
These Terms define the conditions for DATAGMA’s provision of real-time supply of enriched professional information (emails, telephone numbers, associated data) to professionals for marketing and recruitment purposes.
The services are not intended for consumers but exclusively for professional use — meaning natural or legal persons engaged in commercial, industrial, craft, liberal, or agricultural activities, including those acting on behalf of other professionals.
Any use of the services implies unreserved acceptance of these ToS. These terms supersede other documents not expressly accepted by DATAGMA.
Before order validation, Customers must:
Account Usage: Accounts enable access to submitted data, order placement and tracking, service access matching subscriptions, and cancellation options as defined herein.
Login Requirements: Accounts require a personal professional email address. DATAGMA rejects non-professional personal addresses (Gmail, Yahoo, Hotmail) or generic business addresses (admin@entreprise.com, sales@entreprise.com, info@entreprise.com).
Customer Representation: Customers warrant they are acting as an adult professional authorised to enter into this contract on behalf of their company for professional purposes.
Information Accuracy: Customers must provide accurate, current and complete information during registration and update it upon changes.
Access Code Security: Your access codes (login and password) are strictly confidential, personal and non-transferable. You are entirely responsible for managing and retaining them regarding confidentiality and security.
Account Refusal: DATAGMA reserves the right to refuse or cancel account creation for legitimate reasons, including incorrect/incomplete/false registration data, personal email registration, generic business addresses, or rejected payment methods.
Beneficiary Responsibility: The Customer is the beneficiary of the services ordered via our platform. If the Customer is not the user of the platform, the Customer is responsible for the use of the beneficiary and the beneficiary’s compliance with the contract.
Once accounts are created, Customers may subscribe through the online platform by selecting their preferred subscription.
Acceptance of these ToS is confirmed by ticking a checkbox at the time of subscription. Validation of the order by DATAGMA constitutes the formation of the contract. Order confirmation emails specify the effective subscription date.
Any confirmed order is final and binding. The contract formed between the parties is indivisible and includes: (i) these ToS, (ii) the accepted order, and (iii) the annexes (Terms of Use, Privacy Policy, Data Processing Appendix).
For non-online orders, Customers must contact DATAGMA and review and accept these ToS.
DATAGMA offers several subscription plans:
Each plan provides defined credits and features as described on the DATAGMA website at subscription time.
Subscription prices are expressed in euros (€) or US dollars (USD), excluding taxes. The applicable currency depends on Customer location.
The applicable price is the one in effect on the subscription date, as indicated in the order form validated by the Customer. Applicable taxes (VAT or equivalent) are invoiced additionally or passed through to Customers.
The subscription price is payable in full upon order confirmation, regardless of the actual use of the services or credits.
The content of a subscription (credits and features) cannot be modified during the subscription period, even in the case of partial non-use.
Payment is made by credit card only via a secure payment platform.
Customers must provide accurate billing information and have a valid means of payment for the duration of the subscription.
The Customer authorises DATAGMA to automatically debit its payment method at the time of subscription, then on the anniversary date of the subscription (monthly or annual) in the event of renewal.
Invoices are sent electronically to the address provided by the Customer.
Monthly subscription: In the event of a change in the applicable price, DATAGMA will inform the Customer by e-mail at least one (1) month before the new price comes into force. The Customer may cancel its subscription at any time before this date via its personal space, failing which the new rate will be applied automatically at the next due date.
Annual subscription: In the event of a change in the applicable tariff, the tariff revision will only apply from the date of renewal of the annual subscription, never during the commitment period.
Each subscription provides defined credits usable for email and phone searches:
Credits are:
Unused credits are carried over from one month to the next as long as the subscription is active, up to a limit equivalent to the maximum annual volume.
Example: a subscription of 8,250 credits/month allows you to accumulate credits up to a maximum of 99,000 credits (8,250 × 12).
Unless otherwise specified, credits purchased or allocated shall have a maximum validity period of one (1) year from their date of issuance. However, the maintenance of an active and paid subscription shall automatically extend the validity of these accumulated credits for the entire duration of the contractual relationship.
For annual subscriptions, any unused credits at the end of the annual cycle will be automatically deleted or reset to zero. You will therefore not be able to carry them over or accumulate them for the following year.
In the event of late payment, DATAGMA may, without prejudice to its other rights:
The Customer may choose to put their account on pause at any time.
During pause:
The Customer may reactivate their account at any time. Upon reactivation, the preserved credits will immediately become available again, and the billing of the pause fee will cease in favor of the standard billing applicable under these Terms of Service.
The Customer undertakes to use the services provided by DATAGMA exclusively for lawful professional purposes, in compliance with all applicable laws and regulations, including data protection regulations. Customers bear sole responsibility for determining usage purposes, legal bases for personal data processing, and compliance with all applicable law. Services may not be used for purposes unrelated to professional activity.
Any use of the services for purposes unrelated to this objective is strictly prohibited. This includes research on public figures, privately motivated research, and research manifestly disconnected from normal professional activity.
Anomalous or abusive use includes, in particular:
In the event of abnormal or abusive use, DATAGMA reserves the right to immediately suspend access to the services, or terminate the subscription, without notice or compensation, and without prejudice to any damages that DATAGMA may claim.
All rights relating to the services provided by DATAGMA remain its exclusive property. Any unauthorised reproduction, distribution or use is strictly prohibited. Access rights do not transfer intellectual property to Customers or users.
You are granted a non-transferable, worldwide, non-exclusive licence for the duration of the subscription to access and use the services (for you and your users), and to import or print a copy of all or part of the content to which you have duly agreed, exclusively for the internal requirements of your professional activity (no resale).
Without prior written authorization, Customers are prohibited from:
Any breach may result in the termination of the contract and legal action.
We reserve the right to use contributions, concepts, ideas, or general knowledge acquired in the course of providing or receiving the services.
Software: We may include software to be used within the scope of our services. If such software is accompanied by an End User License Agreement (“EULA”), the terms of the EULA shall govern your use of the software. Without an EULA, DATAGMA grants a non-exclusive, revocable, personal, and non-transferable license to use the software solely in connection with our services and in accordance with these Terms of Use.
All software and related documentation are provided “as is” without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Users accept all risks from software use or performance. Users cannot reproduce or redistribute software except per the EULA or these Terms.
DATAGMA’s Privacy Policy is available at https://datagma.com/privacy-policy and appears as Appendix 2, forming an integral part of the contract.
The Data Processing Appendix (DPA) governing personal data processing appears in Appendix 3 below, forming an integral part of the contract.
DATAGMA offers Customers and users the possibility of using our APIs solely for your internal business needs. DATAGMA provides a confidential API key to enable you to access our APIs. Users must use their API key in accordance with our documentation available on our site. Users cannot share their API key with any third party without our prior written consent.
DATAGMA undertakes to carry out its services diligently in accordance with these terms and conditions, good practice and current quality standards.
The services are provided “as is”, without any guarantee of permanent accessibility, due to the hazards inherent in Internet technologies (maintenance, technical incidents, etc.).
However, DATAGMA guarantees the Customer peaceful enjoyment of the services for the entire duration of the subscription, under the conditions set out in the contract.
DATAGMA may only be held liable for direct and foreseeable damage suffered by the Customer, to the exclusion of immaterial damage resulting from operating loss, loss of opportunity, loss of income, loss of data, loss of profits, or damage to brand image which would be the direct or indirect consequence of damage suffered by the Customer as a result of the failure of the services provided.
IN ANY EVENT, DATAGMA’S LIABILITY IS IN ALL CASES LIMITED, FOR ALL DAMAGES, TO THE AMOUNT OF THE SUMS ACTUALLY PAID AND PAYABLE BY THE CUSTOMER OVER THE LAST TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE CAUSE OF ACTION.
Monthly subscription: Customers may cancel their subscription at any time from their personal space (billing tab > ‘cancel’). The cancellation will take effect at the end of the current month, provided that it is made before the automatic renewal date. DATAGMA sends a cancellation confirmation.
Subscription with commitment: Customers may cancel their subscription at any time from their personal space (billing tab > ‘cancel’) no later than the day before the annual expiry date. Failing this, the subscription will be automatically renewed for a further 12-month period.
In the event of a breach by either party of any of its obligations under the contract, the contract will be terminated ipso jure fifteen (15) days after receipt by the other party of a formal notice stating the intention to apply this clause (an email being sufficient), which has remained without effect, or immediately if the breach cannot be remedied, without prejudice to any damages which may be claimed from the defaulting party.
In the event of non-payment by the Customer, we reserve the right to suspend your subscription until full payment of the price or to proceed with the procedure for termination of your subscription for default described above, ipso jure and without the need for legal intervention.
Upon termination for any reason:
DATAGMA reserves the right to improve or modify its services at any time, in particular to meet legal or regulatory requirements or to optimise their quality. Modifications with a significant negative impact on access or functionalities require notification to Customers at least one month before their implementation.
DATAGMA may modify these ToS. Modifications apply:
Customers who do not accept the new ToS may cancel their subscription within this period, without penalty or entitlement to compensation, in accordance with the terms and conditions set out in Article 11. Non-cancellation within this period constitutes acceptance.
Continued use of the services implies acceptance of the modified ToS.
Force Majeure: Neither party shall be liable to the other for any delay or failure to perform any obligation under the contract (except for non-payment) if such delay or failure results from an event beyond the control of the affected party, which could not have been reasonably foreseen at the time of entering into the contract and whose effects cannot be avoided by appropriate measures.
Assignment: You are not authorized to assign or transfer your rights or obligations under the contract. However, you hereby authorize us to assign our rights or obligations under the contract to any affiliate, subsidiary, or successor in the interest of any business associated with our services. Our assignee/successor will be subject to the same obligations as DATAGMA under this contract.
No Waiver: No delay or omission by either party in exercising any of its rights under the contract shall prejudice such right or be construed as a waiver of the right to enforce it. The rights and remedies stipulated in the contract are cumulative and do not exclude any other rights or remedies the party may have otherwise.
Entire Agreement: The contract constitutes the entire agreement between the parties concerning its subject matter and supersedes and replaces all prior written or oral agreements between the parties.
Severability: If any provision of the contract is found to be invalid, the remaining provisions shall remain in effect. The parties shall endeavor to agree on a new valid provision with an equivalent economic effect to replace the invalid provision.
Independence: Each party acts on its own behalf and for its own account as a legal entity or independent contractor, both legally and financially, and acts in its own name and under its sole responsibility. Neither party has the power or authority to bind the other party in any manner. Nothing in these terms shall be construed as creating a partnership, subsidiary, agency, or employer-employee relationship between the parties.
The contract shall be governed by and construed in accordance with French law. The rules of the Vienna Convention (CISG) are expressly excluded.
Any dispute relating to the contract, its existence, interpretation, performance, termination, or the end of the commercial relationship shall first be subject to an amicable settlement procedure between the parties.
Failing amicable settlement, the parties expressly agree that the exclusive jurisdiction shall lie with THE COURTS OF PARIS, FRANCE, including in summary proceedings, third-party claims, or cases involving multiple defendants.
These Terms of Use establish website access rules for all site users when connecting and using it, including free or paid services.
By browsing this website, you acknowledge, as a user, that you have read, accept without reservation, and agree to comply with these terms.
The Privacy Policy is available at https://datagma.com/privacy-policy. The Data Processing Appendix (DPA) appears in Annex 3.
The structure of the Site as well as all content published on it are protected under intellectual property law.
Photographs, illustrations, drawings, graphics, documents, signs, signals, text, images, sounds, or messages of any kind appearing on the Site may not be reproduced or displayed without the prior express written authorization of DATAGMA.
You may not access or use our Site for any purpose other than that for which we make it available, namely for internal professional use. You must use it solely to contact other professionals (Customers, suppliers, service providers, employees) who have a legitimate interest in being contacted by you for the provision of a professional service by your company.
Prohibited Conduct: Users agree not to:
DATAGMA undertakes to use its best efforts to secure access to, consultation of, and use of the services in accordance with standard Internet usage practices. Access to the Site is available twenty-four (24) hours a day, seven (7) days a week, except in cases of force majeure or events beyond DATAGMA’s control, and subject to potential outages and maintenance operations necessary for the proper functioning of the Site and services, which may be carried out without prior notice to you.
DATAGMA is not liable for:
User Acknowledgments: You acknowledge and accept the characteristics and limitations of the Internet, and specifically recognize that:
DATAGMA does not warrant that the Site is free from errors or that all defects will be corrected.
For subscription information, reference the Terms of Service provisions.
DATAGMA reserves the right, at its sole discretion and without prior notice, to modify, delete, or add to the provisions of these Terms of Use at any time, particularly in order to reflect legal, case law, editorial, and/or technical developments. The prevailing version is the online version. Users should regularly refer to the latest Terms of Use version.
This contract is governed by French law. Vienna Convention (CISG) provisions are expressly excluded.
Any dispute relating to the contract — its existence, interpretation, performance, termination, or the end of the commercial relationship — shall first be subject to an amicable settlement procedure between the parties.
Failing amicable resolution, exclusive jurisdiction is expressly granted to the courts of Paris (France), including in summary proceedings, third-party claims, or cases involving multiple defendants.
Available at: https://datagma.com/privacy-policy
This Data Processing Appendix (“DPA”) defines the terms and conditions under which DATAGMA, a French company (Paris RCS number: 833 914 393) with registered office at 3 boulevard de Sébastopol, 75001 Paris, France, represented by Raphael Azot, CEO (hereinafter “DATAGMA” or “Service Provider”), performs personal data processing on behalf of the client (“Client”).
This Appendix incorporates into and forms an integral part of the main agreement. Upon conflict between the main agreement and DPA provisions, the provisions of this DPA shall prevail. This DPA supersedes previously applicable terms relating to its subject matter.
Service Provider and Client are individually referred to as a “Party” and collectively as the “Parties”.
Capitalized DPA terms have these meanings:
All GDPR Section 4 definitions apply, including: controller, processor, personal data, data subjects, pseudonymization, consent, personal data breach.
The Client hereby instructs DATAGMA to process personal data described in Schedule A in view of providing B2B data enrichment services under the main agreement.
DATAGMA does not generate, nor own any database with the personal data obtained on behalf of the Client, other than the opt-out form on DATAGMA’s website which enables data subjects not to be searched for again in the future, it being specified that DATAGMA does not use such data for its own purpose.
The Parties therefore agree that when processing personal data as part of the provision of the B2B enrichment services under the main agreement, the Client shall act as controller of personal data, and DATAGMA shall act on the Client’s behalf as data processor, including with respect to the opt-out form provided by DATAGMA on its website.
The Parties agree to comply, each as far as it is concerned, with all the provisions to which they are subject under the applicable Personal Data Regulations.
The Client declares that, whenever the GDPR is applicable, it is aware of its obligations as data controller, in particular its obligations to (i) process personal data lawfully, fairly and in a transparent manner in relation to the data subjects, i.e., to inform data subjects of the processing of their personal data and ensure that the processing of such data has a legal basis and that the data subjects have, where applicable, given their consent to the processing of their personal data, (ii) to keep records of its processing activities, (iii) when applicable, to appoint a data protection officer, (iv) to notify in the event of a data breach, and (v) to carry out privacy impact assessments.
The Client acknowledges that the opt-out put in place by DATAGMA on its website does not relieve the Client of its obligation to determine the lawful basis for processing and to provide the necessary information to data subjects. The Client remains solely responsible for obtaining any required consents or providing the necessary notices to data subjects as required by law.
This list is not exhaustive, and the Client acknowledges that it is the Client’s responsibility to take the necessary steps to comply with the applicable Personal Data Regulations in their integrality. DATAGMA can in no way be held responsible for any failure by the Client to meet its obligations regarding data protection.
As processor when the GDPR applies, DATAGMA undertakes to:
The Client hereby grants a general authorization to DATAGMA to engage subprocessors to carry out all or parts of the personal data processing activities on behalf of the Client as part of the provision of the B2B data enrichment services.
DATAGMA undertakes to impose on any such subprocessors the same data protection obligations as those stipulated in this DPA, in particular as regards providing sufficient guarantees relating to the implementation of appropriate technical and organizational measures, in such a manner that the processing meets the requirements of the GDPR.
DATAGMA also undertakes to inform the Client of any intended changes concerning the addition or replacement of a subprocessor, notably by providing the owner of the Client’s account with notice of any such addition or replacement and/or by posting updates on its website, thereby giving the Client the opportunity to raise objections to such changes on reasonable grounds. Any objections must be notified by the Client to DATAGMA in writing within eight (8) business days of receipt of DATAGMA’s notification. The addition or replacement of the subprocessor is deemed to have been approved by the Client if the Client does not object in writing within such period of eight (8) days of said notification. If the Client objects to that change, the Parties will meet in good faith to resolve the issue through a mutually acceptable solution.
The Client agrees that in the course of providing the B2B data enrichment services, personal data may be transferred outside of the European Economic Area, including to the United States.
Where the GDPR applies and no adequacy decision exists per Article 45 GDPR, transfers are governed by the standard contractual clauses for international data transfers as adopted by the European Commission on June 4, 2021 (Standard Contractual Clauses), signed between DATAGMA and subprocessors, with specific organizational and technical guarantees including data encryption, HTTPS protocol implementation, security updates, data backup, and certifications.
The Parties acknowledge that, where appropriate, the execution of this DPA is equivalent to the execution of the updated version of the Standard Contractual Clauses and agree to be bound by such Standard Contractual Clauses.
DATAGMA and the Client select these Standard Contractual Clauses terms and options:
DATAGMA’s liability regarding any data protection claims will be limited to the amount of the fees paid by the Client under the main agreement during the 6 months preceding the claim. DATAGMA’s liability is conditioned upon the Client (i) notifying DATAGMA of any claim or action in connection with DATAGMA’s obligations as soon as the Client becomes aware of such claim or action and promptly furnishing DATAGMA with any related information in its possession and (ii) mitigating any potential damage.
This DPA shall come into effect on the signature date of the main agreement and shall end on the expiration or termination date of the main agreement.
Except as specifically modified and amended herein, all of the terms, provisions, requirements and specifications contained in the main agreement remain unmodified and in full force and effect.
This DPA is governed by the laws of France.
Any dispute arising in connection with this DPA, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of Paris subject to possible appeal to the Cour d’Appel.
This Schedule describes the personal data processing DATAGMA performs for the Client. The Client instructs DATAGMA to carry out the specified personal data processing (the “Entrusted Processing” or “Entrusted Personal Data”):
Purpose of Entrusted Processing: to provide the Client with B2B data enrichment services defined under the main agreement and notably to provide the Client with complete and updated business contact information.
Nature of Entrusted Processing: consists in the collection, consultation, hosting, storage, retrieval, use, erasure, or destruction of personal data.
Categories of Entrusted Personal Data:
Categories of Data Subjects:
Duration of Entrusted Processing: for the entire duration of the main agreement and at least 3 years for the opt-out list.
DATAGMA undertakes implementing technical and organizational measures protecting data from unlawful distortion, damage, or unauthorized access. Regular checks assess measure effectiveness.
Technical measures:
Organizational measures:
As of the main agreement date, DATAGMA uses these subprocessors, and the Client authorizes their usage:
| Name | Location of Data Centers | Purpose |
|---|---|---|
| Data brokers | USA | Data enrichment purposes |
| Amazon Web Services | Germany and Ireland | Hosting purposes |
| Belgium | Hosting purposes |
For any questions: info@datagma.com