TERMS OF SERVICE

Version 1 of 27 June 2016

The present Terms of Service (hereinafter "ToS"), subject to French law, aim to regulate use of the website http://proservia.fr  (hereinafter "the Website"), and of any content, features and services (hereinafter "Services") accessible on the Website. Some Services accessible via the Website may be subject to additional specific conditions.

All use of the Website will be deemed to have occurred on French territory.

For the purpose of these terms, the terms "you", "your", and "User" designate any user of the Website, whether registered or non-registered, consulting, having attempted to consult or having consulted any element of any nature whatsoever on any html page, Java applets or similar, and/or accessing, having attempted to access or having accessed any Service, regardless of the code and/or technology used, accessible via the Website.

Article 1. LEGAL NOTICES

The Website is published by the company Proservia with a capital of 953,559 euros and registered office at 1 rue Augustin Fresnel - 44470 CARQUEFOU, registered on the Nantes Trade and Companies Register under number 394 026 934.

Email address: webmaster@proservia.fr
Telephone number: +33 (0) 2 44 21 11 11 

The Website Publication Manager is Stéphane Clément.

The Website is hosted by the company Ginger Minds, SAS with a capital of 80,000 euros and registered office at 1 Rue Eugene Varlin, 44100 Nantes, registered on the Nantes Trade and Companies Register under number 483 772 547.

Email address: contact@gingerminds.fr
Telephone number: +33 (0) 2 40 69 41 97

Some Services accessible via the Website may be hosted by Partners, and the details of such hosting companies may be made available to all Users. Proservia shall highlight such Services on the corresponding pages and/or frames.

Article 2. ACCESS TO SERVICES

To use the services, you may be required to correctly fill out a number of fields as indicated on the Website. Proservia reserves the right to delete any profiles containing incorrect or erroneous information.

When using the Services, you guarantee that you will not upload, fill in or publish information in any way that is offensive, illegal or that could affect the rights, or harm or threaten the safety of any individual on the Website. You are solely responsible for the information and content that you communicate to Proservia by means of these Services, and you guarantee the truthfulness of this information and content, which you shall ensure is kept up to date.

To benefit from all Services, the User acknowledges that they have the equipment and connection necessary to access the internet. Any corresponding expenses remain the sole responsibility of the User.

Proservia information services

The Website allows Users to consult all information related to Proservia and its partners, as well as all information related to all services offered by Proservia, and to its activity and news.

Online application service

Access to this service is exclusively reserved to Users who create a profile in order to apply for a job online. Registration for this Service may be confirmed via an email sent to the email address provided during the registration process.

The Website application management Service is hosted by the company Oracle France, SAS with a share capital of 7,617,978 euros and registered office at 15 Boulevard Charles de Gaulle 92715 Colombes Cedex, registered on the Nantes Trade and Companies Register under number 335 092 318 (+33 (0) 1 57 60 20 20).

Once your profile has been created, you will be able to:

  • save your job search criteria and receive new job advertisements by email

  • upload your CV, and modify and update all information on your profile at any time

  • respond to job openings posted by Proservia

  • appear in the CV library available to Proservia

  • be potentially contacted for marketing purposes (e.g.: open days, newsletters, “job dating” events, etc).

In order to protect your personal data and only store up-to-date information, if your application does not lead to recruitment, your online profile will be deleted 13 months after your last login. One month before this, you will receive a message from Proservia alerting you that your profile will soon be deleted. You can choose to re-activate it for a further 13 months by simply logging in with your email address and password.

Contact service

Access to this Service is reserved for Users. This Service allows you to contact us in order to obtain any kind of information in line with your needs. Communication received in this way shall be forwarded to the teams that are best able to deal with your request.

Newsletter service

Access to this Service allows Users to opt in to receive information on Proservia news via email.

Article 3. PROTECTED RIGHTS

All content displayed on the Website and via the Services, notably, without this list being exhaustive, including the architecture, text, content, photographs, illustrations, videos and applications, is the property of Proservia, its technical suppliers, or the beneficiaries thereof.

By accessing the Website, the User is granted a personal, non-exclusive, non-transferable right to use the Website. Any other rights, notably the right to use the content, are expressly reserved for Proservia.

In compliance with Article L.122-4 of the Intellectual Property Code, any representation, reproduction, extraction or use that is not expressly authorized by Proservia, whether fully or partially, free of charge or for a fee, by any means whatsoever of any part of the Website, is deemed illegal and shall constitue an act of counterfeiting punishable by Articles L.335-2 et seq. of the Intellectual Property Code.

Proservia and the different logos and names that appear on the Website and on the platforms accessible via the Website are registered or protected in compliance with the provisions of the Intellectual Property Code, and reproduction thereof without prior written authorization from their owner shall also constitute an act of counterfeiting.

Article 4. BROWSING

Before logging into the Website, the User must ensure that the browser they are using allows them access to the Service in a secure congfiguration, if applicable. Similarly, before using the Services, Users must ensure that their browser cache has been cleared, in order to make sure that the accessible pages are up to date.

Connection data

Like many other websites, the Website automatically obtains certain data regarding its users, such as the Internet Protocol (IP) address of your computer, the IP address of your Internet provider, the date and time that you access the Website, the web address from which your are re-directed to the Website, the operating system that you are using, the pages you access, and the information that you post or download from the Website. This data may be used for system administration and in order to improve the Services.

Cookies

Site Users are informed that when they access and use the Website, information is temporarily stored on their computer’s memory or hard drive, notably in the form of cookies.

A cookie is a data file saved on your computer and sent to your internet browser when you visit a website. On your computer, cookies are managed by your internet browser.

These cookies collect your clickstream data, and are used for the following purposes:

  • generation of functional statistics
  • audience analysis
  • Website administration,
  • facilitation of browsing on the Website
  • identification and access to the Website Service(s).

Website Users acknowledge that they have been informed of this activity and authorize Proservia to do so.

Users may disable the use of these “cookies” by way of the confidentiality and/or security settings on their browser (e.g. Firefox, Opera, Explorer, Chrome, etc). Blocking all cookies from the Website may restrict the User’s access to all or part of the Service features.

Hypertext links

Proservia may offer links to third-party websites from the Website. These links have been created in agreement with the websites concerned at a time at which Proservia considered it appropriate to do so, on account of the content and services of these sites. Proservia cannot be held responsible for the content of these websites and for the manner in which it will be used.

The existence of a hyperlink from the Website to another website does not constitute a recommendation or validation of this website or its content. The User is responsible for using this information critically and discerningly.

Such websites are independent of the Website. Proservia does not publish or have control over the sources or content of these websites, or their links with other websites. The links to these websites in no way constitutes Proservia’s approval, validation or endorsement of the content of these websites, or Proservia’s association with the owners and/or authors, publishers, designers, site managers, coordinators, managers or host managers of these websites.

Proservia shall therefore not be held liable for the content, products, services, advertising, cookies, or any other element on these websites, or for any confirmed or alleged damage or loss following or in relation to the use of the information, opinions, services or data available on these websites.

Article 6. RESPONSABILITY

Proservia, its shareholders, managers and/or employees, shall not be held liable for any damage whatsoever arising from connecting to and/or using the Site and/or any of the Services.

Confidentiality of credentials and access codes

For the use of some Services, Proservia will provide you with the necessary credentials and access codes to log into the Service (“Credentials”). These Credentials are strictly personal, non-transferable, and confidential, and are your responsibility. Please do not transmit these Credentials to third parties, in order to preserve the confidentiality of the professional and personal data that you transmit to us, and any information accessbile via this Service.

Any access to a Service, the use thereof, or any operation conducted via said Service, executed using the Credentials of a User, shall be deemed to have been executed by the User. Therefore, the User shall undertake to neither transfer nor communicate their Credentials to any third parties. The User shall remain solely responsibly for the use of these Credentials and shall undertake to take all necessary measures in order to ensure and maintin the confidentiality thereof.

In the event that Proservia has reason to believe that there has been an instance of abusive or non-compliant use of the Credentials, and more generally, for the prupose of ensuring the security of the Website, Proservia reserves the right, at any moment and without prior formalities, and without it giving rise to compensation for any loss, notably loss of profit, activity or opportunity, to suspend and/or delete any login Credentials, i.e. blocking access to the Website. Proservia nevertheless reserves the right to inform the affected User by any means that such measures are being implemented.

Without prejudice to the above, you shall undertake (i) to inform Proservia without delay of any non-authorised use or knowledge by a third party of your Credentials, and of the circumstances contributing to such use or knowledge, and (ii) to actively cooperate with Proservia to put an end to such non-authorised use or knowledge.

Proservia shall not be held liable for the use of the Service by a third party in possession of the credentials of a User.

Website content

The information and data provided on the Website are provided for information purposes only and shall under no circumstances constitute legal and/or operational advice, nor impose a liability on Proservia.

Within this context, the Website notably includes information and data relating to ManpowerGroup news and job openings.

Proservia does not guarantee the accessibility, relevance, up-to-date nature or exhaustiveness of the information provided, and shall not be held liablie for such information, suggestions or content, or for any decisions made based on or influenced by such content, or for the non-availability of the Website, notably during maintenance periods.

The risks inherent to the electronic transmission of information should be noted. Delays, ommissions or inaccuracies may occur. Information accessible via the Website is provided as it is, regardless of the source thereof.

Confidentiality of communication via the internet and other networks

Where communication via the internet and other telecommunication networks (notably access via any mobile device) is not, by default, secure, Proservia shall not be held liable for any deliberate or non-deliberate interception by a third party of a message and/or information exchanged between Proservia and a User.

Availability

The Website is, by nature, accessible 24 hours a day, seven days a week, apart from interruptions, either scheduled or non-scheduled, for the purpose of maintenance or updates, or as a result of force majeure. Bound by a best efforts obligation, Proservia shall not be held liable for any damage of any nature resulting from the non-availability of the Website.

Evidence, storage and filing

In compliance with Article 1316-2 of the Civil Code, the User and Proservia agree to establish, within the framework of the Services, a set of regulations relating to evidence deemed admissible in the event of a dispute, and the evidentiary value thereof. The provisions below therefore constitute the evidence agreement between the User and Proservia.

The computerized records stored on the Proservia systems in compliance with best practice within the field of security shall be considered evidence of communication via email, the transmission of registration forms, the downloading of documents, approvals, subscriptions to services and the placement of orders. This information and these documents shall be stored on a device of a reliable and long-lasting nature, as required by the applicable legal regulations. It is agreed that in the event of any divergence between our computerized records and any documents in any format (paper, electronic or other) of which you are in possession, the Proservia compterised versions shall be deemed the authentic versions.

Article 7. DATA OF A PERSONAL NATURE

Users are informed and accept that Proservia shall process data of a personal nature concerning them in compliance with the purposes defined below, which are necessary for the fulfillment of its services. Proservia informs all Website Users that any personal data that they may communicate shall be processed and may be transmitted to Proservia’s clients and partners, in compliance with the following provisions:

Special provisions – Job Applicants (Version 1 of 27 June 2016)

Information of a personal nature regarding job applicants shall be collected and processed by Proservia to fulfill the objectives listed below:

  • to evaluate your proficiency for a role or task
  • to have the necessary information to select you for recruitment
  • to inform you of job openings in line with your skills, professional aptitudes, availability and preferences
  • to establish contracts in compliance with the regulations in force
  • to provide our clients with the information they need in relation to the services we provide them with
  • to ensure the security of our information systems
  • to establish statistics for internal use or administrative declarations
  • to oversee, manage, and ensure our defence against complaints or legal action
  • to comply with legal, regulatory and conventional reporting requirements.

For the purpose of fulfilling the objectives specified above, Proservia may be required to process your personal data, information relating to your professional life, and your connection details.

Proservia may communicate information concerning you to its clients, other ManpowerGroup companies (parent company and its subsidiaries), and to sub-contractors that execute services on their request. In compliance with the regulations in force and notably with Article 34 of the Law of 6 January 1978, Proservia has taken the necessary measures to ensure that the security, integrity and confidentiality of personal data transferred in this way is protected.

In the event that the information concerning you is communicated outside of the countries recognised by the European Union as having laws ensuring suitable protection of personal data, Proservia shall issue the appropriate information, in compliance with the applicable regulations.

Data shall be transferred in compliance with the provisions of Article 69 of the modified Law of 6 January 1978, governed notably by standard contractual clauses of the European Commission.

Furthermore, information concerning you may be communicated to any individual or any public or private entity, when such communication is required by law. Proservia may be required to obtain your specific consent for the processing of additional or secondary data.

Special provisions - Clients and Prospective Clients (Version 1 of 27 June 2016)

Proservia collects and processes data of a personal nature concerning its clients, prospective clients and/or the representatives and agents thereof, in order to fulfil the objectives listed below:

  • to deliver the services and products purchased
  • to ensure the follow-up and management of our commercial relationships and communicate with you
  • to ensure the security of the information systems
  • to inform you of news about the company, ManpowerGroup, and its products and services
  • to allow you to participate in promotions and events
  • to improve the quality of the products and services provided
  • to evaluate your satisfaction with the services provided
  • to manage and monitor compliance with internal ManpowerGroup procedures and to conduct audits
  • to establish statistics for internal use or administrative declarations
  • to oversee, manage, and ensure our defence against complaints or legal action
  • to comply with legal, regulatory and conventional reporting requirements.

Proservia may communicate, in order to fulfil the objectives listed above, information concerning you (your personal data, contact data, and information relating to your private life) to other ManpowerGroup companies (parent company and its subsidiaries), and to sub-contractors that execute services on their request.

Some of these companies are located outside of the European Union and outside of countries recognized by the European Union as having laws that guarantee suitable protection of personal data (South Africa, Australia, Bahrain, Belarus, Brazil, China, Colombia, South Korea, Costa Rica, the United Arab Emirates, the United States, Guatemala, Hong-Kong, Honduras, the Island of Guam, India, Japan, Jordan, Kazakhstan, Kuwait, Macao, Malaysia, Mexico, Nicaragua, Panama, Paraguay, Peru, the Philippines, Qatar, the Dominican Republic, Russia, El Salvador, Serbia, Singapore, Taiwan, Thailand, Turkey, Trinidad and Tobago, Ukraine, Venezuela, Vietnam).

In compliance with the regulations in force and notably with Article 34 of the Law of 6 January 1978, Proservia has taken the necessary measures to ensure that the security, integrity and confidentiality of personal data transferred in this way is protected. Data shall be transferred in compliance with the provisions of Article 69 of the modified Law of 6 January 1978, governed notably by standard contractual clauses of the European Commission.

Furthermore, information concerning you may be communicated to any individual or any public or private entity, when such communication is required by law.

Proservia may be required to obtain your specific consent for the processing of additional or secondary data.

Common provisions

In compliance with applicable regulations, you may exercise your rights to access, rectify, oppose and delete, for legitimate reasons, the personal data that Proservia possesses relating to you, by sending a request stating your name, first name, and company name, with an attached copy of your ID document, by post to:

Proservia
DJ /Service Droit d’Accès CNIL
1 rue Augustin Fresnel
44470 CARQUEFOU

All requests submitted by duly identified Users shall be responded to as quickly as possible.

Any personal or professional modification linked to your profile must be communicated to Proservia as soon as possible, so that the data relating to you can be updated.

Proservia reserves the right to modify these Notices on its personal data processing policy. The date on which this policy came into effect is stated at the top. Pleased refer to them periodically and particularly whenever you provide us with personal information used to identify you.

Security of your personal data

Proservia guarantees to implement measures that are appropriate and compliant with best practice and techniques, in order ensure the protection of your personal data. We use various technology and security procedures to ensure the protection of your personal data and to prevent it from being accessed, used and disclosed without authorization. For example, we store data that you provide us with on limited access servers located in protected and monitored facilities.

Article 8. ACCEPTANCE AND MODIFICATION TO THE TOS AND NOTICES

Notwithstanding any formal acceptance on your part, your access or use of the Website, as a private individual or professional, implies your express and unreserved acceptance of the ToS, including the provisions of all notices (“Notices”) related to the management of data of a personal nature and applicable to the Services.

If you access or use the Website in a professional capacity, you guarantee Proservia that you hold all rights, authorisations and powers necessary to accept the present ToS on behalf of the company, association, parent or any other legal entity (“Entity”) for which you are using or accessing the Website and/or to create an account in accordance with the modalities specified when you access the Service. In this case, your access or use of the Website shall imply the express and unreserved acceptance of the ToS, including all Notices, by this Entity.

If you do not agree with any of the provisions of these ToS/Notices, or any modifications thereto, you must not use the Website or the Services provided by Proservia by this means.

Proservia may modify the ToS and the Notices at any time. The date on which these ToS came into force is stated at the top. Proservia advises you to refer to them periodically and notably every time you provide personal information used to identify you. For this purpose, you acknowledge and accept that your use of the Website and its Services, or simply your access to them following the date of such modifications, implies your acceptance of the ToS and Notices as modified.