Company Pages - Terms of Service

1. Acceptance & Relationship to General Terms

These Company Pages Terms of Service ("Pages Terms") supplement Cyberr's general User Agreement and Privacy Policy. By creating or administering a Company Page on Cyberr, you agree to be bound by these Pages Terms in addition to the general User Agreement. In the event of a conflict, these Pages Terms shall prevail with respect to Company Page functionality. Cyberr SA (société anonyme), registered at 16 Rue Beck, L-1222 Luxembourg (RCS Luxembourg B222843), operates this Platform.

2. Page Creation & Eligibility

Company Pages may only be created by individuals who are duly authorized to represent the entity in question. By creating a Company Page, you represent and warrant that:

• You are an authorized representative, employee, or agent of the organization.
• All information provided - including name, logo, description, and industry - is accurate, current, and not misleading.
• You have the right to use any trademarks, logos, or intellectual property displayed on the Page.
• The organization is a lawfully constituted entity and is not subject to sanctions or legal prohibitions that would prevent its presence on the Platform.

Cyberr reserves the right to request documentary proof of authorization and to suspend or remove Pages where authorization cannot be verified. This is consistent with the approach taken by major professional networking platforms under EU case law, including CJEU guidance on intermediary liability (Directive 2000/31/EC, Article 14).

3. Page Administrator Responsibilities

Page administrators ("Admins") bear primary responsibility for the content published on their Company Page. Admins must:

• Ensure all content complies with applicable laws, including but not limited to the EU Digital Services Act (Regulation (EU) 2022/2065), Luxembourg's Law of 14 August 2000 on electronic commerce, and Regulation (EU) 2016/679 (GDPR).
• Monitor and moderate user-generated content appearing on their Page (e.g., comments, reviews).
• Respond promptly to complaints or reports of unlawful content.
• Maintain at least one active Admin with a verified Cyberr account at all times.
• Ensure that multiple Admins, where appointed, understand and comply with these Pages Terms.

Cyberr is not responsible for the acts or omissions of Page Admins. This allocation of responsibility reflects the principle established in CJEU, Case C-131/12 (Google Spain) and subsequent platform liability jurisprudence.

4. Content Ownership & License

You retain full ownership of all content you publish on your Company Page. By publishing content, you grant Cyberr a non-exclusive, worldwide, royalty-free, sublicensable license to:

• Display, distribute, reproduce, and make available your content within the Platform and in connection with Platform services.
• Feature your Company Page in Cyberr marketing materials, directories, and search results.
• Create derivative works (e.g., thumbnails, previews, summaries) for display purposes.

This license terminates upon deletion of the content or removal of the Company Page, except where the content has been shared by other users or is required for legal compliance. This licensing model is consistent with standard industry practice as reflected in LinkedIn®'s Pages Terms and Meta's Terms of Service.

5. Prohibited Content & Conduct

In addition to the prohibitions in the general User Agreement, Company Pages must not be used for:

• Impersonating another organization, entity, or individual.
• Publishing false, misleading, or deceptive claims about the organization's size, capabilities, or credentials.
• Posting spam, unsolicited commercial messages, or automated bulk content.
• Infringing third-party intellectual property rights, including trademarks, copyrights, or trade secrets.
• Posting content that constitutes hate speech, incitement to violence, or discrimination on any ground protected under EU law.
• Using the Page to harvest user data, distribute malware, or conduct phishing attacks.

Cyberr may remove content or suspend Pages without prior notice where a violation is reasonably suspected, in accordance with its obligations under the Digital Services Act.

6. Data & Analytics

Cyberr provides Page Admins with aggregated, anonymized analytics about Page visitors and engagement. With respect to the processing of personal data of Page visitors:

• Joint controllership: In accordance with CJEU, Case C-210/16 (Wirtschaftsakademie Schleswig-Holstein) and Article 26 GDPR, Cyberr and the Page Admin are joint controllers for the processing of visitor data generated through the Company Page.
• Cyberr's responsibilities: Cyberr determines the means and purposes of data collection through the Platform infrastructure, provides the analytics dashboard, and ensures that appropriate technical and organizational measures are in place.
• Admin's responsibilities: The Page Admin is responsible for ensuring a lawful basis for any additional processing of visitor data, providing necessary privacy notices, and responding to data subject requests where the Admin is the primary contact.
• Data subject rights: Data subjects may exercise their rights under Articles 15–22 GDPR by contacting either Cyberr or the Page Admin. Both parties shall cooperate to fulfill such requests within the statutory timeframes.

For further details on data processing, please refer to our Privacy Policy.

7. Job Postings via Company Pages

Company Pages may be used to publish job postings. When doing so, Admins must ensure:

• All job postings are accurate, genuine, and for actual open positions.
• Postings comply with applicable employment law, including Directive 2006/54/EC (equal treatment), national non-discrimination statutes, and any sector-specific regulations (e.g., requirements for cybersecurity clearances).
• Salary ranges, where displayed, are provided in good faith and comply with applicable pay transparency legislation (including Directive (EU) 2023/970 on pay transparency).
• Job postings do not discriminate on grounds of sex, race, ethnic origin, religion, disability, age, or sexual orientation.
• Any data collected from applicants is processed in accordance with GDPR and applicable national data protection law.

Cyberr is not the employer and is not a party to any employment relationship arising from job postings on the Platform. Cyberr acts solely as an intermediary within the meaning of Directive 2000/31/EC.

8. Intellectual Property Claims

If you believe that content on a Company Page infringes your intellectual property rights, you may submit a notice to Cyberr at dataprivacy@cyberr.ai. Your notice should include:

• Identification of the copyrighted work or trademark claimed to be infringed.
• Identification of the allegedly infringing material and its location on the Platform.
• Your contact information and a statement of good-faith belief that the use is unauthorized.
• A statement, under penalty of perjury (or equivalent declaration under Luxembourg law), that the information is accurate and that you are authorized to act on behalf of the rights holder.

Cyberr will process notices in accordance with Directive 2004/48/EC (Enforcement Directive) and the notice-and-action procedures under the Digital Services Act. Repeat infringers may have their Pages permanently removed.

9. Cyberr's Rights

Cyberr reserves the right, at its sole discretion and without prior notice except where required by law, to:

• Remove, suspend, or restrict any Company Page that violates these Pages Terms, the general User Agreement, or applicable law.
• Remove or modify content that Cyberr reasonably believes to be unlawful, harmful, or in violation of these terms.
• Restrict access to Page features (e.g., job posting, analytics) for Pages under review.
• Reclaim Page slugs or URLs that are inactive, misleading, or infringing.

Cyberr is under no obligation to host, display, or promote any Company Page. Decisions regarding content moderation are made in accordance with Cyberr's internal policies and applicable legal obligations, including the Digital Services Act's transparency requirements.

10. Limitation of Liability

To the maximum extent permitted by applicable law, including Article 1382 of the Luxembourg Civil Code:

• Cyberr provides the Company Pages feature "as is" and "as available" without warranties of any kind, whether express, implied, or statutory.
• Cyberr shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the use of Company Pages.
• Cyberr's total aggregate liability in connection with Company Pages shall not exceed the amounts paid by you to Cyberr, if any, in the twelve (12) months preceding the claim.
• Nothing in these Pages Terms excludes or limits liability for death, personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.

11. Governing Law & Jurisdiction

These Pages Terms are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, without regard to its conflict-of-law provisions. Any disputes arising out of or in connection with these Pages Terms shall be subject to the exclusive jurisdiction of the courts of Luxembourg City (Tribunal d'arrondissement de et à Luxembourg).

For consumers residing in the European Union, nothing in these terms affects your rights under mandatory consumer protection legislation of your country of residence, including Directive 2011/83/EU (Consumer Rights Directive). You may also bring proceedings before the courts of your habitual residence in accordance with Regulation (EU) No 1215/2012 (Brussels I Recast).

12. Modifications

Cyberr may update these Pages Terms from time to time. Material changes will be notified via the Platform or by email to Page Admins at least thirty (30) days before taking effect. Continued use of the Company Pages feature after the effective date constitutes acceptance of the revised terms. If you do not agree with the changes, you must remove your Company Page before the new terms take effect.

13. Contact

For questions about these Pages Terms, or to report a Company Page that violates these terms, contact us at dataprivacy@cyberr.ai.

Cyberr SA (société anonyme)
16 Rue Beck
L-1222 Luxembourg
RCS Luxembourg B222843