PREAMBLE
These terms and conditions apply to all use of the SaaS-style Solution offered by SO SELECTION, from its online access platform.
SO SELECTION reserves the option to modify its terms and conditions at any time; the terms and conditions applicable to the User will be those in force at the date the Solution is used.
ARTICLE 1 PURPOSE
The purpose of these terms and conditions is to define the User’s rights and obligations in the context of use of the SaaS-style Solution offered by SO SELECTION.
The User will enjoy the access to the Solution granted to him by the Recruiter who is contractually bound to SO SELECTION when he takes out the Solution Subscription.
ARTICLE 2 DEFINITIONS
ARTICLE 3 FUNCTIONALITIES OFFERED
All use of the Solution is subject to express and full acceptance by the User of these Platform Use Terms and Conditions.
The Solution allows the User personalised access to the Recruiter’s account, offering him the following:
ARTICLE 4 USER’S OBLIGATIONS
4.1 – COMPLIANCE REQUIREMENTS
The User acknowledges, prior to acceptance of these terms and conditions, that he has understood the technical specifications and security devices of the Solution offered, along with the necessary prerequisites for use of the Solution.
He shall be responsible for all equipment needed for use of the Solution via the Internet network.
It is his responsibility to confirm, in particular, the compatibility of the Solution with his equipment and software and, specifically, the reliability of his Internet connection.
He must update his equipment and Internet connection on a regular basis.
4.2 – USE OF THE SOLUTION
The User agrees to use the Solution solely for his own requirements and solely for the purposes set out in this Contract.
The User shall refrain from processing, disseminating, downloading or transmitting by means of the Solution, information or data whose use would violate third party rights or interests, infringe public order or common decency or which would be contrary to existing laws and regulations.
The User shall also refrain from transmitting by means of the Solution, any content containing computer viruses or, more generally, programs designed to interrupt, destroy or limit the functionalities of the Solution or of its environment.
The User shall not develop, market, sublease or make available to any unauthorised third party the Solution that is the object of this contract, or any product or service that might compete with it.
The User agrees to inform SO SELECTION or the Recruiter on a regular basis of any dysfunction affecting the Solution or of any proposal for improvement/correction that he may deem to be useful in order to make the Solution more efficient, better performing and better suited to SO SELECTION’s needs.
SO SELECTION is under no obligation to implement any developments, corrections or improvements thus communicated by the Recruiter or by the User.
The User shall implement all measures designed to ensure backup of the data processed in the context of using the Solution.
4.3 – ACCESS TO THE SOLUTION
It should be noted that access to the Solution has been made secure in order to provide permanent protection of all Recruiter and Candidate data circulating in the system in the context of using the Solution from third parties unauthorised to access it.
ARTICLE 5 PROOF
The computerised records kept in reasonable conditions of security in SO SELECTION computer systems shall be considered to be proof of communications, orders and payments between the parties.
ARTICLE 6 INTELLECTUAL PROPERTY
SO SELECTION grants the User, via the Recruiter, a personal, non-exclusive, non-assignable and non-transferable right to use the Solution throughout the duration of the Subscription taken out by the Recruiter with SO SELECTION.
SO SELECTION owns all intellectual property rights in the Solution and, in particular, all graphical, textual and software elements and all elements of any other nature which the Solution comprises.
The User therefore agrees not to infringe SO SELECTION’s intellectual property rights and, in this regard, agrees to refrain from reproducing any element protected by intellectual property right, except where he has previously received express authorisation to do so.
The Subscription taken out by the Recruiter with SO SELECTION does not confer on the User any property right over the Solution, which remains the sole and exclusive property of SO SELECTION.
In this regard, SO SELECTION expressly reserves the exclusive right to intervene in the Solution to enable it to be used in accordance with its intended purpose.
The User therefore formally agrees to refrain from intervening or having a third party intervene in the Solution.
Provision of the Solution shall not be considered to constitute an assignment under the Intellectual Property Code of any intellectual property right whatsoever in the User’s favour.
ARTICLE 7 PERSONAL DATA
We reserve the right to collect data, in particular by use of cookies, such data collection being necessary to meet the Client’s requirements.
SO SELECTION hereby informs the User that data of a personal nature relating to him will be processed in accordance with the French Data Protection Act (Loi Informatique et Libertés) of 6 January 1978 for the purposes of customer relation management.
The User has the right to access, correct and even remove data relating to him that is unsuitable, incomplete, incorrect or obsolete.
This right may be exercised by contacting SO SELECTION by post or by e-mail at the following address: contact@soselection.com.
SO SELECTION agrees not to pass on information regarding the User to third parties.
ARTICLE 8 CONFIDENTIALITY
Each Party agrees to consider as confidential and not to reproduce or divulge, other than for the sole purpose of execution of the Subscription taken out by the Recruiter with SO SELECTION, the information given by the other Party for the implementation of and during the execution of the said contract and which, by reason of its technical, commercial or financial content might be deemed to be confidential as containing elements not publicly divulged and/or purely personal to the party concerned.
This obligation of confidentiality does not apply to information which SO SELECTION is able to demonstrate was known to it in a manner other than in the context of the Subscription contract or which is in the public domain.
Nor shall this duty of confidentiality apply where one Party finds itself obliged to provide information in compliance with legal provisions, orders issued by a public body or court rulings.
The Parties’ obligations with regard to confidential information shall remain in force throughout the duration of the legally binding Subscription contract between the Recruiter and SO SELECTION and, after its end, for as long as the information concerned shall remain confidential for the Party divulging it and, in any event, for a period of 5 years following the end of said contract.
ARTICLE 9 GUARANTEES AND RESPONSIBILITIES
The User agrees to notify SO SELECTION immediately of any infringement of the Solution of which he may become aware. SO SELECTION will then be free to take such measures as it deems appropriate.
SO SELECTION is required only to use its best endeavours with regard to the undertakings set out in these presents.
The User is hereby advised of the technical uncertainties inherent to the Internet and the access interruptions that may result from these. Consequently, SO SELECTION shall not be held responsible for any Solution downtime or slowdown that may occur.
SO SELECTION is not able to guarantee continuity of the Solution, executed remotely via the Internet and the User acknowledges this.
SO SELECTION also reserves the right to suspend the User’s access to the Solution without prior notice in the event of abnormal, fraudulent or unlawful use of the Solution by the User or the Candidates to whom the Recruiter has granted access, in the event of a request to do so made by a legal or administrative authority and, in any event, as a result of use that infringes public order, common decency, existing laws and regulations, the rights and interests of third parties or of SO SELECTION.
The Parties also expressly agree that SO SELECTION shall not be held responsible for interruptions to the Solution or damages associated with:
ARTICLE 10 NON-TRANSFERABILITY
Inasmuch as SO SELECTION is the sole owner of the Solution’s commercial exploitation rights, the Parties agree that the User shall enjoy a right to personal use granted to him by the Recruiter. This is a one-time, worldwide, non-transferable and non-exclusive right.