Privacy Policy & Terms and Conditions
Last revised on December 12, 2019
These "Terms and Conditions" govern your use of FashionJobs.com.
Please read these carefully:
If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by these Terms and Conditions. FashionJobs.com may revise these Terms and Conditions at any time at its sole discretion by updating this posting.
You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.
USE OF MATERIAL
FashionJobs.com authorizes you to view and download a single copy of the material on FashionJobs.com (the "Web Site") solely for your personal, noncommercial use. The contents of this Web Site, such as the "look" and "feel" of the Web Site, text, graphics, images, logos, button icons, software and other "Material", are protected under both French and foreign copyright, trademark and other laws. All Material is the property of FashionJobs.com or its content suppliers or customers. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of FashionJobs.com and protected by French and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, patent and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML or other code that FashionJobs.com creates to generate its pages. It is also protected by FashionJobs.com's copyright.
ACCEPTABLE SITE USE
General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the patent, copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is harmful, defamatory, libelous, vulgar, obscene, threatening, abusive, harassing, tortious, hateful or otherwise objectionable.
STANDARDS FOR INTERNET CONDUCT/ACCEPTABLE SITE USE
In connection with your use of the Web Site, you will not:
Post, transmit, distribute, store, upload, or destroy material (i) in violation of any applicable local, state, national, or international law or regulation, or (ii) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.
Post or transmit any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, tortious otherwise objectionable or that may invade another's right of privacy or publicity.
Impersonate any person or entity, including without limitation a FashionJobs.com employee or agent, an authorized user of FashionJobs.com's services, a candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with any person or entity.
Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements or the resume of an individual other than yourself).
Delete or modify any material posted by any other person or entity not related to you. Print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by your company.
Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities.
Register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
Violate or attempt to violate the security of the Web Site, including, without limitation: accessing data not intended for such user or logging into a server or account that the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Web Site, overloading, continuous posting of repetitive text, "flooding", "spamming", "mailbombing" or "crashing"; sending unsolicited advertising, promotional materials, e-mail, "junk mail", "chain letters", or any other form of solicitation; or forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations of system or network security may result in civil or criminal liability. FashionJobs.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
SPECIFIC PROHIBITED USES
The Web Site may be used only for lawful purposes by individuals seeking employment and career information and FashionJobs.com member companies seeking to hire employees and manage relationships with their placement vendors. FashionJobs.com specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:
Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," chain letters or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise. YOU MAY NOT SPAM OUR MEMBER COMPANIES OR CANDIDATES WHOSE RESUMES APPEAR ON THE WEB SITE. YOU MAY NOT RESPOND TO A JOB LISTING OTHER THAN IF YOU ARE APPLYING FOR THAT JOB ON BEHALF OF YOURSELF. RECRUITERS AT A MEMBER COMPANY MAY NOT USE ALLOCATED JOB LISTINGS OTHER THAN TO LIST AVAILABLE JOBS AT THE MEMBER COMPANY.
Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume that you have posted for the purpose of seeking job opportunities for yourself (living individual seeking employment on a full-time or part-time basis on his or her own behalf). Recruiters representing candidates may not send that candidate's resume in response to a job posting. Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary) or requires recruitment of others including, but not limited to, members, sub-distributors or sub-agents
Deleting or revising any material posted by any other person or entity.
Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.
Taking any action that imposes an unreasonable or disproportionately large load on this Web Site's infrastructure.
YOU HAVE A PASSWORD ALLOWING ACCESS TO A NON-PUBLIC AREA OF THIS WEB SITE, DISCLOSING TO OR SHARING YOUR PASSWORD WITH ANY OTHER PERSON OR ENTITY OR USING YOUR PASSWORD FOR ANY UNAUTHORIZED PURPOSE.
Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from FashionJobs.com on this Web Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Firefox, Safari).
Aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site.
Framing of or linking to any of the materials or information available from the Web Site.
USE OF SECURE AREA AND PASSWORD
Use of any password-protected area of the web site is restricted to the registered user who has been given permission and a password to enter such area. This password cannot be distributed to others, and the registered user is responsible for any and all damages to FashionJobs.com resulting from the distribution of his or her password. You are responsible for maintaining the confidentiality of your information and password.
You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify FashionJobs.com of any unauthorized use of your registration or password.
USER INFORMATION
In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that FashionJobs.com may disclose to third parties, on an anonymous basis, certain aggregate information resulting from information that you place on the Web Site. FashionJobs.com reserves the right to offer third party services and products to you based on the preferences that you identify; such offers may be made by FashionJobs.com or by third parties.
FINANCIAL ARRANGEMENTS
In connection with your use of the vendor management tools (Agency Exchange), FashionJobs.com has not undertaken to act as the representative of either Placement Specialists or Member Companies. FashionJobs.com will not act as an advocate of any Placement Specialist in its dealings with Member Companies or candidates. Placement Specialists are responsible for negotiating all financial arrangements directly with Member Companies, and to seek all remedies and redress directly from the Member Company in the event of any dispute with respect to the placement of a candidate. Member Companies understand that when dealing with Placement Specialists through the Web Site and the Agency Exchange service, such member company will be responsible to such Placement Specialist for the fees charged by such Placement Specialist in connection with such placement.
USER SUBMISSIONS
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Web Site you agree not to, do the following things: post the resume of anyone other than yourself, post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; delete any author attributions, legal notices or proprietary designation or labels that you upload; post material that reveals trade secrets, unless you own them or have the permission of the owner or otherwise post or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as material protected by a nondisclosure agreement); post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, corrupted data, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
FashionJobs.com does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
FashionJobs.com acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, FashionJobs.com may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. FashionJobs.com has no liability or responsibility to users for performance or nonperformance of such activities. FashionJobs.com reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. FashionJobs.com may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for FashionJobs.com or may cause FashionJobs.com to lose (in whole or in part) the services of its ISPs or other suppliers.
By submitting content to any public or non-public area of the Web Site, including message boards, forums, contests and chat rooms, you grant FashionJobs.com and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.
FASHIONJOBS.COM LIABILITY
FashionJobs.com is only a venue. This Web Site acts as a venue for (i) companies to post job opportunities and to interact with their placement vendors and (ii) for candidates to post their own resumes for the purpose of evaluating job opportunities for themselves. FashionJobs.com does not screen or censor the profiles or other information. FashionJobs.com is not involved in the actual transaction between Member Companies and their vendors or companies and candidates. As a result, FashionJobs.com has no control over the quality, safety or legality of the jobs or profiles posted, the truth or accuracy of the listings, the ability of companies to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site.
Because user authentication on the Internet is difficult, FashionJobs.com cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on FashionJobs.com, in the event that you have a dispute with one or more users, you release FashionJobs.com (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
We are under no legal obligation to, and generally do not, control the information provided by other users that is made available through the Web Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Web Site.
The Material may contain inaccuracies or typographical errors. FashionJobs.com makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Web Site. Companies are solely responsible for their postings on the Web Site.
FashionJobs.com does not warrant or guarantee that a resume or job posting will be viewed by any specific number of users, or that it will be viewed by any user.
FashionJobs.com is not to be considered to be an employer with respect to your use of the Web Site and FashionJobs.com shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs or candidate profiles on the Web Site.
FASHIONJOBS.COM DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, FASHIONJOBS.COM IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. FASHIONJOBS.COM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FASHIONJOBS.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES IN NO EVENT SHALL FASHIONJOBS.COM, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FASHIONJOBS.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LINKS TO OTHER SITES
The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by FashionJobs.com of the contents on such third-party Web sites. FashionJobs.com is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE
You agree not to resell or assign your rights or obligations under these Term and Conditions. You also agree not to make any unauthorized commercial use of the Web Site.
TERMINATION
FashionJobs.com reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your information from this Web Site and immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by FashionJobs.com, upon any breach by you of these Terms and Conditions or if FashionJobs.com is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site.
INDEMNITY
You agree to defend, indemnify, and hold harmless FashionJobs.com, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. FashionJobs.com shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
GENERAL
FashionJobs.com makes no claims that the Materials may be lawfully viewed or downloaded outside of France. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of France, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the laws of France, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the federal courts within France. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in the Terms and Services, additional terms of use for areas of the Web Site a particular "Legal Notice," or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and FashionJobs.com with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.
ADDITIONAL TERMS OF USE
Certain areas of this Web Site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
Data Processing Agreement
WHEREAS
(A) The Data Controller Fashion Network
(B) The Data Controller wishes to subcontract certain Services (as defined below), which imply the processing of personal data, to the Data Processor.
(C) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
(D) The Parties wish to lay down their rights and obligations.
IT IS AGREED AS FOLLOWS:
1 Definitions and Interpretation
1.1 Unless otherwise defined herein, capitalized terms and expressions used in this Agreement (including the recitals hereto) shall have the following meaning:
1.1.1 “Agreement” means this Data Processing Agreement and all Schedules, if any.
1.1.2 “Confidential Information” means all information disclosed by a Party to the other Party pursuant to this Agreement which is either designated as proprietary and/or confidential, or by its nature or the nature of the circumstances surrounding disclosure, should reasonably be understood to be confidential, including (but not limited to), information on products, customer lists, price lists and financial information.
1.1.3 “Schedule” means a schedule to the Data Processing Agreement and which forms an integral part of the Agreement.
1.1.4 “Service” means Online Job AD Publishing . The Service is described more in detail in Schedule 1.
1.2 The clause headings in this Agreement are for reference purposes only and shall not be used in the interpretation thereof.
2 Object of this Agreement
The Data Processor shall perform the Services in accordance with the provisions of the Agreement.
3 Price and payment
3.1 The Data Controller shall pay the Data Processor for the Services the amounts accordingby the quotation of the Sales team
3.2 Any amount mentioned in this Agreement shall be VAT or self registrated company.
3.3 Invoices shall be paid within a period of fourty (40) days following receipt thereof.
4 Relationship between the Parties
None of the provisions of this Agreement can be interpreted as indicating the intent of the Parties to form a company, association or joint venture.
5 Duration and Termination
5.1 The duration of this Agreement shall be for 10 (ten) years from the date of signature of this Agreement.
5.2 Either Party shall have the right to terminate the Agreement, partially or entirely, forthwith by sending a written notice of termination to the other Party specifying the reasons for the termination, if any of the following events occur:
5.2.1 the other Party materially breaches any of its obligations under this Agreement
5.2.2 the other Party breaches any of its obligations under this Agreement and, notwithstanding a written request from the non-breaching Party to remedy such a breach, fails to comply with such a request within a period of thirty (30) days following such notice;
5.2.3 an event of force majeure prevails for a period exceeding three (3) months; or
5.2.4 the other Party becomes insolvent or enters liquidation, a petition in bankruptcy is filed for it or a receiver is appointed.
5.3 Upon the termination or expiry of this Agreement, any rights and obligations of the Parties, accrued prior to the termination or expiry thereof shall continue to exist.
5.4 Upon termination or expiry of the Agreement, or at any earlier moment if the personal data are no longer relevant for the delivery of the Services, at the choice of the Data Controller, the Data Processor shall delete or return all the personal data to the Data Controller, and delete existing copies unless a law or regulation requires storage of the personal data.
5.5 The provision of articles 5, 6 and 7 of this Agreement shall survive the termination of this Agreement.
6 Data Protection
6.1 As the performance of the Agreement and the delivery of the Services implies the processing of personal data, the Data Controller and the Data Processor shall comply with the applicable data protection legislation and regulations.
6.2 The Data Processor shall ensure that in relation to personal data disclosed to it by, or otherwise obtained from the Data Controller, it shall act as the Data Controller’s data processor in relation to such personal data and shall therefore:
6.2.1 from 25 May 2018, create and maintain a record of its processing activities in relation to this Agreement; the Data Processor shall make the record available to the Data Controller, any auditor appointed by it and/or the supervisory authority on first request;
6.2.2 not process the personal data for any purpose other than to deliver the Services and to perform its obligations under the Agreement in accordance with the documented instructions of the Data Controller; if it cannot provide such compliance, for whatever reasons, it agrees to promptly inform the Data Controller of its inability to comply;
6.2.3 inform the Data Controller immediately if it believes that any instruction from the Data Controller infringes applicable data protection legislation and regulations;
6.2.4 not disclose the personal data to any person other than to its personnel as necessary to perform its obligations under the Agreement and ensure that such personnel is subject to statutory or contractual confidentiality obligations;
6.2.5 take appropriate technical and organisational measures against any unauthorised or unlawful processing, and to evaluate at regular intervals the adequacy of such security measures, amending these measures where necessary; these security measures are described in Schedule 2.
6.2.6 ensure that access, inspection, processing and provision of the personal data shall take place only in accordance with the need-to-know principle, i.e. information shall be provided only to those persons who require the personal data for their work in relation to the performance of the Services;
6.2.7 promptly notify the Data Controller about (i) any legally binding request for disclosure of the personal data by a data subject, a judicial or regulatory authority unless otherwise prohibited, such as the obligation under criminal law to preserve the confidentiality of a judicial enquiry, and to assist the Data Controller therewith (ii) any accidental or unauthorized access, and more in general, any unlawful processing and to assist the Data Controller therewith;
6.2.8 deal promptly and properly with all reasonable inquiries from the Data Controller relating to its processing of the personal data or in connection with the Agreement;
6.2.9 make available to the Data Controller all information necessary to demonstrate compliance with the applicable data protection legislation and regulations;
6.2.10 at the request and costs of the Data Controller, submit its data processing facilities for audit or control of the processing activities;
6.2.11 refrain from engaging another data processor without the prior written consent of the Data Controller;
6.2.12 assist the Data Controller, subject to reasonable additional compensation, with the Data Controller’s obligation under applicable data protection laws and regulations.;
6.3 Personal data processed in the context of this Agreement may not be transferred to a country outside the European Economic Area without the prior written consent of the Data Controller. If personal data processed under this Agreement is transferred from a country
within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.
7 Confidentiality
7.1 Each Party acknowledges that during this Agreement a Party (the “receiving Party”) may become privy to Confidential Information which is disclosed by the other Party (the “disclosing Party”).
7.2 The receiving Party shall keep all Confidential Information confidential. The receiving Party shall not disclose Confidential Information to any third party, and shall not use Confidential Information for any purposes other than for the purposes of this Agreement. The receiving Party shall safeguard the Confidential Information to the same extent that it safeguards its own confidential and proprietary information and in any event with no less than a reasonable degree of protection.
7.3 Each Party agrees that before any of its subcontractors and/or agents may be given access to Confidential Information, each such subcontractor and/or agent shall agree to be bound by a confidentiality undertaking comparable to the terms of this Agreement. Notwithstanding the return of any Confidential Information, each Party and its subcontractors and/or agents will continue to hold in confidence all Confidential Information, which obligation shall survive any termination of this Agreement.
7.4 In the event the receiving Party is requested or required to disclose, by court order or regulatory decision,any of the disclosing Party’s Confidential Information the receiving Party shall provide, to the extent permitted, the disclosing Party with prompt written notice so that the disclosing Party may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement. The receiving Party shall furnish only that portion of the Confidential Information which is legally required.
7.5 Within thirty (30)business days following (i) the termination or expiry of this Agreement or (ii) the disclosing Party_’s reasonable earlier request at any time, the receiving Party shall destroy or return to the disclosing Party (at its option) an and all of the disclosing Party’s Confidential Informtion,and shall purge all copies and traces of the same from any storage location and/or media.
7.6 The confidentiality undertaking under this Article 7 shall not be applicable if the Confidential Information:
7.6.1 has become publicly known prior to being divulged or thereafter, but without any breach of confidentiality undertaking; or
7.6.2 had been legitimately obtained from a third party neither tied by an obligation of confidentiality nor professional secrecy; or
7.6.3 was independently created by the receiving Party without use of any Confidential Information of the disclosing Party; or
7.6.4 was already known or developed by the Receiving Party, as can be demonstrated by documentary evidence.
8 Intellectual Property Rights
8.1 The Data Processor is and shall remain the owner of any materials used or made available in the context of the delivery of the Services.
8.2 The Data Processor grants to the Data Controller a limited, personal, non-exclusive, non-transferable right to use any material provided in the context of the delivery of the Services. This license is coterminous with the Agreement.
9 Liability
9.1 Either Party’s liability shall be limited, per contract year, to an amount of 100 000 (one hundred thousands) EUR.
9.2 Neither Party shall be liable for any indirect or consequential damages, such as (but not limited to) loss of revenue, loss of profit, loss of opportunity, loss of goodwill and third-party claims.
9.3 No limitation of liability shall apply in case of fraud, wilful intent, death and physical injury resulting from a Party’s negligence.
10 Miscellaneous Provisions
10.1 This Agreement contains the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes and replaces all prior agreements or understandings, whether written or oral, with respect to the same subject matter that are still in force between the Parties.
10.2 Any amendments to this Agreement, as well as any additions or deletions, must be agreed in writing by both the Parties.
10.3 Whenever possible, the provisions of this Agreement shall be interpreted in such a manner as to be valid and enforceable under the applicable law. However, if one or more provisions of this Agreement are found to be invalid, illegal or unenforceable, in whole or in part, the remainder of that provision and of this Agreement shall remain in full force and effect as if such invalid, illegal or unenforceable provision had never been contained herein. Moreover, in such an event, the Parties shall amend the invalid, illegal or unenforceable provision(s) or any part thereof and/or agree on a new provision in such a way as to reflect insofar as possible the purpose of the invalid, illegal or unenforceable provision(s).
10.4 Any failure or delay by a party in exercising any right under this Agreement, any single or partial exercise of any right under this Agreement or any partial reaction or absence of reaction by a party in the event of a violation by the other party of one or more provisions of this Agreement, shall not operate or be interpreted as a waiver (either express or implied, in whole or in part) of that party’s rights under this Agreement or under the said provision(s), nor shall it preclude any further exercise of any such rights. Any waiver of a right must be express and in writing. If there has been an express written waiver of a right following a specific failure by a party, this waiver cannot be invoked by the other party in favour of a new failure, similar to the prior one, or in favour of any other kind of failure.
11 Applicable Law and Jurisdiction
11.1 The laws of France shall apply to this Agreement.
11.2 The Courts of Paris (France) shall have exclusive jurisdiction with respect to all disputes arising out of or in connection with this Agreement. Attempts to solve disputes informally shall not prevent the Parties from submitting such disputes to the Courts.
List of Schedules:
• Schedule 1: Service Description
• Schedule 2: Data Processing and Security
• Schedule 1: Service Description for a Professionnal Account
Schedule 2: Data Processing and Security
In addition to the information provided elsewhere in the Agreement, the Parties wish to document the following information in relation to the data processing activities:
The data processing performed by the Data Processor on behalf of the Data Controller relates to the treatment of Human Ressources Information.
The data processing activity consists of Posting Ads on Fashion Job’s website on behalf of the Data Controler.
The categories of personal data involved are: Personnal identification datas such as
The data subjects are Future Candidates.
The duration of the data processing activities is 3 (three) months access to the client.
The duration of the data processor activities is unlimited until the Candidate desactivate his/her account .
The Data Processor has implemented the following security measures:
System security
Data Security
Online security
Fashion Network – 126 rue Réaumur – 75002 Paris – France
Tél : + 33 1 75 57 89 40 – VAT N° : FR12 439 284 191
[email protected]
These "Terms and Conditions" govern your use of FashionJobs.com.
Please read these carefully:
If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by these Terms and Conditions. FashionJobs.com may revise these Terms and Conditions at any time at its sole discretion by updating this posting.
You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.
USE OF MATERIAL
FashionJobs.com authorizes you to view and download a single copy of the material on FashionJobs.com (the "Web Site") solely for your personal, noncommercial use. The contents of this Web Site, such as the "look" and "feel" of the Web Site, text, graphics, images, logos, button icons, software and other "Material", are protected under both French and foreign copyright, trademark and other laws. All Material is the property of FashionJobs.com or its content suppliers or customers. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of FashionJobs.com and protected by French and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, patent and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML or other code that FashionJobs.com creates to generate its pages. It is also protected by FashionJobs.com's copyright.
ACCEPTABLE SITE USE
General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the patent, copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is harmful, defamatory, libelous, vulgar, obscene, threatening, abusive, harassing, tortious, hateful or otherwise objectionable.
STANDARDS FOR INTERNET CONDUCT/ACCEPTABLE SITE USE
In connection with your use of the Web Site, you will not:
Post, transmit, distribute, store, upload, or destroy material (i) in violation of any applicable local, state, national, or international law or regulation, or (ii) in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.
Post or transmit any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, tortious otherwise objectionable or that may invade another's right of privacy or publicity.
Impersonate any person or entity, including without limitation a FashionJobs.com employee or agent, an authorized user of FashionJobs.com's services, a candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with any person or entity.
Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements or the resume of an individual other than yourself).
Delete or modify any material posted by any other person or entity not related to you. Print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by your company.
Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities.
Register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
Violate or attempt to violate the security of the Web Site, including, without limitation: accessing data not intended for such user or logging into a server or account that the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Web Site, overloading, continuous posting of repetitive text, "flooding", "spamming", "mailbombing" or "crashing"; sending unsolicited advertising, promotional materials, e-mail, "junk mail", "chain letters", or any other form of solicitation; or forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations of system or network security may result in civil or criminal liability. FashionJobs.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
SPECIFIC PROHIBITED USES
The Web Site may be used only for lawful purposes by individuals seeking employment and career information and FashionJobs.com member companies seeking to hire employees and manage relationships with their placement vendors. FashionJobs.com specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:
Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," chain letters or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise. YOU MAY NOT SPAM OUR MEMBER COMPANIES OR CANDIDATES WHOSE RESUMES APPEAR ON THE WEB SITE. YOU MAY NOT RESPOND TO A JOB LISTING OTHER THAN IF YOU ARE APPLYING FOR THAT JOB ON BEHALF OF YOURSELF. RECRUITERS AT A MEMBER COMPANY MAY NOT USE ALLOCATED JOB LISTINGS OTHER THAN TO LIST AVAILABLE JOBS AT THE MEMBER COMPANY.
Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume that you have posted for the purpose of seeking job opportunities for yourself (living individual seeking employment on a full-time or part-time basis on his or her own behalf). Recruiters representing candidates may not send that candidate's resume in response to a job posting. Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary) or requires recruitment of others including, but not limited to, members, sub-distributors or sub-agents
Deleting or revising any material posted by any other person or entity.
Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.
Taking any action that imposes an unreasonable or disproportionately large load on this Web Site's infrastructure.
YOU HAVE A PASSWORD ALLOWING ACCESS TO A NON-PUBLIC AREA OF THIS WEB SITE, DISCLOSING TO OR SHARING YOUR PASSWORD WITH ANY OTHER PERSON OR ENTITY OR USING YOUR PASSWORD FOR ANY UNAUTHORIZED PURPOSE.
Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from FashionJobs.com on this Web Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Firefox, Safari).
Aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site.
Framing of or linking to any of the materials or information available from the Web Site.
USE OF SECURE AREA AND PASSWORD
Use of any password-protected area of the web site is restricted to the registered user who has been given permission and a password to enter such area. This password cannot be distributed to others, and the registered user is responsible for any and all damages to FashionJobs.com resulting from the distribution of his or her password. You are responsible for maintaining the confidentiality of your information and password.
You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify FashionJobs.com of any unauthorized use of your registration or password.
USER INFORMATION
In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that FashionJobs.com may disclose to third parties, on an anonymous basis, certain aggregate information resulting from information that you place on the Web Site. FashionJobs.com reserves the right to offer third party services and products to you based on the preferences that you identify; such offers may be made by FashionJobs.com or by third parties.
FINANCIAL ARRANGEMENTS
In connection with your use of the vendor management tools (Agency Exchange), FashionJobs.com has not undertaken to act as the representative of either Placement Specialists or Member Companies. FashionJobs.com will not act as an advocate of any Placement Specialist in its dealings with Member Companies or candidates. Placement Specialists are responsible for negotiating all financial arrangements directly with Member Companies, and to seek all remedies and redress directly from the Member Company in the event of any dispute with respect to the placement of a candidate. Member Companies understand that when dealing with Placement Specialists through the Web Site and the Agency Exchange service, such member company will be responsible to such Placement Specialist for the fees charged by such Placement Specialist in connection with such placement.
USER SUBMISSIONS
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Web Site you agree not to, do the following things: post the resume of anyone other than yourself, post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; delete any author attributions, legal notices or proprietary designation or labels that you upload; post material that reveals trade secrets, unless you own them or have the permission of the owner or otherwise post or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as material protected by a nondisclosure agreement); post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, corrupted data, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
FashionJobs.com does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
FashionJobs.com acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, FashionJobs.com may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. FashionJobs.com has no liability or responsibility to users for performance or nonperformance of such activities. FashionJobs.com reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. FashionJobs.com may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for FashionJobs.com or may cause FashionJobs.com to lose (in whole or in part) the services of its ISPs or other suppliers.
By submitting content to any public or non-public area of the Web Site, including message boards, forums, contests and chat rooms, you grant FashionJobs.com and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.
FASHIONJOBS.COM LIABILITY
FashionJobs.com is only a venue. This Web Site acts as a venue for (i) companies to post job opportunities and to interact with their placement vendors and (ii) for candidates to post their own resumes for the purpose of evaluating job opportunities for themselves. FashionJobs.com does not screen or censor the profiles or other information. FashionJobs.com is not involved in the actual transaction between Member Companies and their vendors or companies and candidates. As a result, FashionJobs.com has no control over the quality, safety or legality of the jobs or profiles posted, the truth or accuracy of the listings, the ability of companies to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site.
Because user authentication on the Internet is difficult, FashionJobs.com cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on FashionJobs.com, in the event that you have a dispute with one or more users, you release FashionJobs.com (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
We are under no legal obligation to, and generally do not, control the information provided by other users that is made available through the Web Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Web Site.
The Material may contain inaccuracies or typographical errors. FashionJobs.com makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Web Site. Companies are solely responsible for their postings on the Web Site.
FashionJobs.com does not warrant or guarantee that a resume or job posting will be viewed by any specific number of users, or that it will be viewed by any user.
FashionJobs.com is not to be considered to be an employer with respect to your use of the Web Site and FashionJobs.com shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs or candidate profiles on the Web Site.
FASHIONJOBS.COM DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, FASHIONJOBS.COM IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. FASHIONJOBS.COM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FASHIONJOBS.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES IN NO EVENT SHALL FASHIONJOBS.COM, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FASHIONJOBS.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LINKS TO OTHER SITES
The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by FashionJobs.com of the contents on such third-party Web sites. FashionJobs.com is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE
You agree not to resell or assign your rights or obligations under these Term and Conditions. You also agree not to make any unauthorized commercial use of the Web Site.
TERMINATION
FashionJobs.com reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your information from this Web Site and immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by FashionJobs.com, upon any breach by you of these Terms and Conditions or if FashionJobs.com is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site.
INDEMNITY
You agree to defend, indemnify, and hold harmless FashionJobs.com, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. FashionJobs.com shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
GENERAL
FashionJobs.com makes no claims that the Materials may be lawfully viewed or downloaded outside of France. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of France, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the laws of France, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the federal courts within France. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in the Terms and Services, additional terms of use for areas of the Web Site a particular "Legal Notice," or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and FashionJobs.com with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.
ADDITIONAL TERMS OF USE
Certain areas of this Web Site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
Data Processing Agreement
WHEREAS
(A) The Data Controller Fashion Network
(B) The Data Controller wishes to subcontract certain Services (as defined below), which imply the processing of personal data, to the Data Processor.
(C) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
(D) The Parties wish to lay down their rights and obligations.
IT IS AGREED AS FOLLOWS:
1 Definitions and Interpretation
1.1 Unless otherwise defined herein, capitalized terms and expressions used in this Agreement (including the recitals hereto) shall have the following meaning:
1.1.1 “Agreement” means this Data Processing Agreement and all Schedules, if any.
1.1.2 “Confidential Information” means all information disclosed by a Party to the other Party pursuant to this Agreement which is either designated as proprietary and/or confidential, or by its nature or the nature of the circumstances surrounding disclosure, should reasonably be understood to be confidential, including (but not limited to), information on products, customer lists, price lists and financial information.
1.1.3 “Schedule” means a schedule to the Data Processing Agreement and which forms an integral part of the Agreement.
1.1.4 “Service” means Online Job AD Publishing . The Service is described more in detail in Schedule 1.
1.2 The clause headings in this Agreement are for reference purposes only and shall not be used in the interpretation thereof.
2 Object of this Agreement
The Data Processor shall perform the Services in accordance with the provisions of the Agreement.
3 Price and payment
3.1 The Data Controller shall pay the Data Processor for the Services the amounts accordingby the quotation of the Sales team
3.2 Any amount mentioned in this Agreement shall be VAT or self registrated company.
3.3 Invoices shall be paid within a period of fourty (40) days following receipt thereof.
4 Relationship between the Parties
None of the provisions of this Agreement can be interpreted as indicating the intent of the Parties to form a company, association or joint venture.
5 Duration and Termination
5.1 The duration of this Agreement shall be for 10 (ten) years from the date of signature of this Agreement.
5.2 Either Party shall have the right to terminate the Agreement, partially or entirely, forthwith by sending a written notice of termination to the other Party specifying the reasons for the termination, if any of the following events occur:
5.2.1 the other Party materially breaches any of its obligations under this Agreement
5.2.2 the other Party breaches any of its obligations under this Agreement and, notwithstanding a written request from the non-breaching Party to remedy such a breach, fails to comply with such a request within a period of thirty (30) days following such notice;
5.2.3 an event of force majeure prevails for a period exceeding three (3) months; or
5.2.4 the other Party becomes insolvent or enters liquidation, a petition in bankruptcy is filed for it or a receiver is appointed.
5.3 Upon the termination or expiry of this Agreement, any rights and obligations of the Parties, accrued prior to the termination or expiry thereof shall continue to exist.
5.4 Upon termination or expiry of the Agreement, or at any earlier moment if the personal data are no longer relevant for the delivery of the Services, at the choice of the Data Controller, the Data Processor shall delete or return all the personal data to the Data Controller, and delete existing copies unless a law or regulation requires storage of the personal data.
5.5 The provision of articles 5, 6 and 7 of this Agreement shall survive the termination of this Agreement.
6 Data Protection
6.1 As the performance of the Agreement and the delivery of the Services implies the processing of personal data, the Data Controller and the Data Processor shall comply with the applicable data protection legislation and regulations.
6.2 The Data Processor shall ensure that in relation to personal data disclosed to it by, or otherwise obtained from the Data Controller, it shall act as the Data Controller’s data processor in relation to such personal data and shall therefore:
6.2.1 from 25 May 2018, create and maintain a record of its processing activities in relation to this Agreement; the Data Processor shall make the record available to the Data Controller, any auditor appointed by it and/or the supervisory authority on first request;
6.2.2 not process the personal data for any purpose other than to deliver the Services and to perform its obligations under the Agreement in accordance with the documented instructions of the Data Controller; if it cannot provide such compliance, for whatever reasons, it agrees to promptly inform the Data Controller of its inability to comply;
6.2.3 inform the Data Controller immediately if it believes that any instruction from the Data Controller infringes applicable data protection legislation and regulations;
6.2.4 not disclose the personal data to any person other than to its personnel as necessary to perform its obligations under the Agreement and ensure that such personnel is subject to statutory or contractual confidentiality obligations;
6.2.5 take appropriate technical and organisational measures against any unauthorised or unlawful processing, and to evaluate at regular intervals the adequacy of such security measures, amending these measures where necessary; these security measures are described in Schedule 2.
6.2.6 ensure that access, inspection, processing and provision of the personal data shall take place only in accordance with the need-to-know principle, i.e. information shall be provided only to those persons who require the personal data for their work in relation to the performance of the Services;
6.2.7 promptly notify the Data Controller about (i) any legally binding request for disclosure of the personal data by a data subject, a judicial or regulatory authority unless otherwise prohibited, such as the obligation under criminal law to preserve the confidentiality of a judicial enquiry, and to assist the Data Controller therewith (ii) any accidental or unauthorized access, and more in general, any unlawful processing and to assist the Data Controller therewith;
6.2.8 deal promptly and properly with all reasonable inquiries from the Data Controller relating to its processing of the personal data or in connection with the Agreement;
6.2.9 make available to the Data Controller all information necessary to demonstrate compliance with the applicable data protection legislation and regulations;
6.2.10 at the request and costs of the Data Controller, submit its data processing facilities for audit or control of the processing activities;
6.2.11 refrain from engaging another data processor without the prior written consent of the Data Controller;
6.2.12 assist the Data Controller, subject to reasonable additional compensation, with the Data Controller’s obligation under applicable data protection laws and regulations.;
6.3 Personal data processed in the context of this Agreement may not be transferred to a country outside the European Economic Area without the prior written consent of the Data Controller. If personal data processed under this Agreement is transferred from a country
within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.
7 Confidentiality
7.1 Each Party acknowledges that during this Agreement a Party (the “receiving Party”) may become privy to Confidential Information which is disclosed by the other Party (the “disclosing Party”).
7.2 The receiving Party shall keep all Confidential Information confidential. The receiving Party shall not disclose Confidential Information to any third party, and shall not use Confidential Information for any purposes other than for the purposes of this Agreement. The receiving Party shall safeguard the Confidential Information to the same extent that it safeguards its own confidential and proprietary information and in any event with no less than a reasonable degree of protection.
7.3 Each Party agrees that before any of its subcontractors and/or agents may be given access to Confidential Information, each such subcontractor and/or agent shall agree to be bound by a confidentiality undertaking comparable to the terms of this Agreement. Notwithstanding the return of any Confidential Information, each Party and its subcontractors and/or agents will continue to hold in confidence all Confidential Information, which obligation shall survive any termination of this Agreement.
7.4 In the event the receiving Party is requested or required to disclose, by court order or regulatory decision,any of the disclosing Party’s Confidential Information the receiving Party shall provide, to the extent permitted, the disclosing Party with prompt written notice so that the disclosing Party may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement. The receiving Party shall furnish only that portion of the Confidential Information which is legally required.
7.5 Within thirty (30)business days following (i) the termination or expiry of this Agreement or (ii) the disclosing Party_’s reasonable earlier request at any time, the receiving Party shall destroy or return to the disclosing Party (at its option) an and all of the disclosing Party’s Confidential Informtion,and shall purge all copies and traces of the same from any storage location and/or media.
7.6 The confidentiality undertaking under this Article 7 shall not be applicable if the Confidential Information:
7.6.1 has become publicly known prior to being divulged or thereafter, but without any breach of confidentiality undertaking; or
7.6.2 had been legitimately obtained from a third party neither tied by an obligation of confidentiality nor professional secrecy; or
7.6.3 was independently created by the receiving Party without use of any Confidential Information of the disclosing Party; or
7.6.4 was already known or developed by the Receiving Party, as can be demonstrated by documentary evidence.
8 Intellectual Property Rights
8.1 The Data Processor is and shall remain the owner of any materials used or made available in the context of the delivery of the Services.
8.2 The Data Processor grants to the Data Controller a limited, personal, non-exclusive, non-transferable right to use any material provided in the context of the delivery of the Services. This license is coterminous with the Agreement.
9 Liability
9.1 Either Party’s liability shall be limited, per contract year, to an amount of 100 000 (one hundred thousands) EUR.
9.2 Neither Party shall be liable for any indirect or consequential damages, such as (but not limited to) loss of revenue, loss of profit, loss of opportunity, loss of goodwill and third-party claims.
9.3 No limitation of liability shall apply in case of fraud, wilful intent, death and physical injury resulting from a Party’s negligence.
10 Miscellaneous Provisions
10.1 This Agreement contains the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes and replaces all prior agreements or understandings, whether written or oral, with respect to the same subject matter that are still in force between the Parties.
10.2 Any amendments to this Agreement, as well as any additions or deletions, must be agreed in writing by both the Parties.
10.3 Whenever possible, the provisions of this Agreement shall be interpreted in such a manner as to be valid and enforceable under the applicable law. However, if one or more provisions of this Agreement are found to be invalid, illegal or unenforceable, in whole or in part, the remainder of that provision and of this Agreement shall remain in full force and effect as if such invalid, illegal or unenforceable provision had never been contained herein. Moreover, in such an event, the Parties shall amend the invalid, illegal or unenforceable provision(s) or any part thereof and/or agree on a new provision in such a way as to reflect insofar as possible the purpose of the invalid, illegal or unenforceable provision(s).
10.4 Any failure or delay by a party in exercising any right under this Agreement, any single or partial exercise of any right under this Agreement or any partial reaction or absence of reaction by a party in the event of a violation by the other party of one or more provisions of this Agreement, shall not operate or be interpreted as a waiver (either express or implied, in whole or in part) of that party’s rights under this Agreement or under the said provision(s), nor shall it preclude any further exercise of any such rights. Any waiver of a right must be express and in writing. If there has been an express written waiver of a right following a specific failure by a party, this waiver cannot be invoked by the other party in favour of a new failure, similar to the prior one, or in favour of any other kind of failure.
11 Applicable Law and Jurisdiction
11.1 The laws of France shall apply to this Agreement.
11.2 The Courts of Paris (France) shall have exclusive jurisdiction with respect to all disputes arising out of or in connection with this Agreement. Attempts to solve disputes informally shall not prevent the Parties from submitting such disputes to the Courts.
List of Schedules:
• Schedule 1: Service Description
• Schedule 2: Data Processing and Security
• Schedule 1: Service Description for a Professionnal Account
- Post ads
- Access to the Resume DataBase
- View on the Stats
- Consult the ads posted
- Acces to the Account history (invoices and past ads)
- Acces to the history resume during 3 months
- Purchase and post ads for differents GEO’s
- Personnal and dedicated account
- Automatic reception of candidate resumes in the recruiter’s email address
- If applicable, the recruiter’s account could be representative for another client.
Schedule 2: Data Processing and Security
- Description of the data processing carried out on behalf of the Data Controller
In addition to the information provided elsewhere in the Agreement, the Parties wish to document the following information in relation to the data processing activities:
The data processing performed by the Data Processor on behalf of the Data Controller relates to the treatment of Human Ressources Information.
The data processing activity consists of Posting Ads on Fashion Job’s website on behalf of the Data Controler.
The categories of personal data involved are: Personnal identification datas such as
- Resumes,
- Personnal email,
- Date of Birth,
- Sex,
- Age,
- Personnal addresse,
- Personnal phone number,
- Previous professionnal experiments of the candidates,
- Personnal skills such as language levels and/or software skills
- Candidate Professionnal Situation
The data subjects are Future Candidates.
The duration of the data processing activities is 3 (three) months access to the client.
The duration of the data processor activities is unlimited until the Candidate desactivate his/her account .
- Description of security measures
The Data Processor has implemented the following security measures:
System security
- Internet access are limited by blocking unnecessary services
- Remote access is via a VPN
- Network is partitioned to secure and protect access to personal data
Data Security
- Each access to the servers are done by VPN
- Access to the servers are limited to authorized persons only (with ACL)
- Each user access are personal and secure
- Access to personal data are restricted to authorized persons only
- Alert in case of security breach or technical problems
Online security
- Servers are updated regularly, critical updates are installed without delay
- Backups are done daily and checked once a week
- Pseudonymization & encryption for external service
| For the Data Processor, Jean-Philippe BOUDY |
| Paris, May 25th 2018 |
Fashion Network – 126 rue Réaumur – 75002 Paris – France
Tél : + 33 1 75 57 89 40 – VAT N° : FR12 439 284 191
[email protected]