Article 1. Definitions
Advertiser: any natural or legal person reserving advertising space on the Site to use to distribute advertisement.
Curriculum Vitae or CV: a document detailing the career path of an Internet user.
CV Library: web area where CVs are hosted.
Legal Information: YESWEHACK's identifying corporate information.
Registration: a process that enables an Internet user to become an account holder and to gain access to certain services.
Internet User: any Site visitor.
Offer: online vacancy announcements.
Advertising: advertising messages that are not vacancy announcements but promote a company, or advertise its goods and/or services.
Employer: a company posting an Offer.
YESWEHACK: Site publisher.
Services: all the services available on the Site.
Site: the jobs.yeswehack.com website powered by YESWEHACK as well as its various adaptations.
Article 2. Purpose
The purpose of these General Conditions of Use is to set the terms and conditions for accessing and using the Services offered through jobs.yeswehack.com. These Conditions are complemented by the Legal Information.
Article 3. Description of Services
In particular, the Site includes:
an Employer area only available to Employers;
an Internet User/ YESWEHACK Account Holder area;
3.1 Free Offers
The Site lets any Internet User view the Offers, among other things.
The Site does not guarantee that these Services will continue to be available in the future. They may change as the Site is upgraded.
Site services are currently available free of charge.
If the payment policy should change with regard to access, the roll-out of a paid service, or any other material provision of this document, these Conditions will be updated. Internet Users should review them on a regular basis to keep informed of all changes.
The Site lets companies publish 2 announcements per month free of charge.
3.2 Paid Offers
There are many options available in the form of packages of notices based on the number of announcements a company wishes to post. Please contact us for commercial information.
3.3 Headhunter Offerings
YesWeHack offers a headhunter service: we select talent for companies based on their search criteria. Please get in touch with us if you are interested in this service.
Article 4. Access Conditions: Internet User
By visiting the Site, Internet Users acknowledge to have read, understood, and accepted these General Conditions as well as the Legal Information.
An Internet User must make sure that his or her computer hardware as well as the software installed is suitable for accessing the site. Access to services that are available to such an Internet User is granted for an indeterminate period of time.
Article 5. Internet User Account
Upon registration, an Internet User selects a personal user name and password. Account Holders must make sure to log out of their accounts following each use at the end of every session. It is up to the Internet User to keep his or her password and account secret. He or she is fully responsible for all actions involving the use of his or her user name and password. In the event that a user name and/or a password are lost of stolen or used by an unauthorized third party, the Internet User is to contact the Site immediately.
Article 6. Internet User's Undertakings
An Internet User may not use the Site's Services for any activities prohibited by law or contrary to accepted standards of behavior.
In general, the Site may be used commercially, directly or otherwise, by YESWEHACK only. The Site is focused on employment, freelance work, career, training, and recruitment. The Site may not be hijacked for any other purpose unrelated to the ones above.
By registering on the Site, an Internet User undertakes not to reveal or to release under any form whatsoever information or content unless it is true and has to do with the Internet User personally. An Internet User may not publish information of a personal nature about third parties.
An Internet User is the only judge of the information that he or she wishes to post to the Site. He or she must not spoof the identity of a third party or publish messages of a defamatory, injurious, or criminal nature.
By registering and by publishing information about him or herself, an Internet User authorizes the Site to display these elements within the Site's various pages and areas.
Article 7. Notification
The Site includes content published by Internet Users, Advertisers, and Employers. Each Internet User is invited to point out to YESWEHACK any content that is likely to be controversial under the following formal and material conditions.
Pursuant to Section 6.I.7 of the Statute on Privacy in a Digital Economy of June 21, 2004 (No. 2004-575), an Internet User must notify YESWEHACK at jobs.yeswehack.com of any messages promoting crimes against humanity, inciting racial hatred, having to do with child pornography, inciting violence, or violating human dignity.
Content Likely to Be Illegal
An Internet User believing that a Site message or content is likely improper, i. e. illegal, and of an injurious, discriminatory, or defamatory nature, is requested to provide notification.
Such notification is in the form of an email message addressed to jobs.yeswehack.com or by registered mail with return receipt and should show the Internet User's first and last names (for a legal entity, the registered name and RCS number), address, and a description of the controversial facts.
The notification must contain a description of the facts at issue and their exact location on the Site, the reasons for which such content is to be removed, including references to statutory provisions and the factual evidence. To the extent possible, the Internet User must provide a copy of the correspondence addressed to the author of such controversial information or actions requesting that they be ceased, removed, or modified, or proof that the author or editor could not be contacted.
It shall be pointed out for the benefit of the Internet User submitting the notification that an incorrect notification will likely make him or her subject to criminal prosecution, and that such User shall hold the Site harmless from any potential consequences of an improper notification.
The Site shall undertake to respond without delay to any Internet User notification made in the proper format and not unfounded at first glance. The Site shall make sure to keep the identity of the author of such controversial content confidential as required, reserving the right to take against him or her any effective steps, including the revocation of his or her Site access privileges to start.
Article 8. Site Distinctive Features. Intellectual Property.
The name YESWEHACK is registered as a trademark. The jobs.yeswehack.com domain name is protected. These elements may not be used without their owner's express permission. The same shall apply to the distinctive logos belonging to Employers or any other partner.
The Internet Users shall acknowledge that the Site content and the relevant trademarks are protected by copyright and the CV Library, the Offer bank, the blog, the API wiki, and the Account Holders' self-help area are protected as databases. The Internet Users shall be authorized to make hard copies of Site pages for uses that are strictly personal and non-commercial. Any other reproduction without YESWEHACK's consent shall be prohibited.
Pursuant to Intellectual Property Code, Article L. 342-1 and subs, all Internet Users shall be prohibited: From extracting the CV Library and/or the Offer content available on the Site and transferring it to another platform, in whole or in qualitatively or quantitatively substantial part using any means and any format whatsoever; From reusing the CV Library and/or the Offer content available on the Site by making it available to the public, in whole or in qualitatively or quantitatively substantial part; From repeatedly or systematically extracting or reusing qualitatively or quantitatively insignificant portions of the CV Library and/or Offer content whenever such actions are obviously outside the Site's normal use;
From commercializing the right to access or publish Offers as well as the Offers themselves to third parties. YESWEHACK shall reserve the right to terminate these Conditions for cause and to undertake any action to obtain relief against any attempt on its intellectual property rights.
Article 9. Responsibility
With respect to all its obligations, YESWEHACK shall be responsible for the means rather than the outcome. However, situations wherein YESWEHACK's responsibility devolves from its function as hosting provider, technical intermediary (a, c, d) and those where it is acting in a manner similar to a publisher (b) shall be identified separately.
a) Site Access and Operation
The Site is built using third-party technology. The Site shall undertake to employ all the means required to assure uninterrupted Site access. However, access may be suspended from time to time to assure Site technical maintenance. To the extent possible, the Site shall do its best to advise the Internet Users accordingly.
The Site shall disclaim all liability in the event of damage that may result from the Site being unavailable or from there being Site connection problems.
In addition, YESWEHACK shall not be liable for lost profits, business, data, or information stored on the Site for professional or commercial use nor again for any consequential damages from personal use. This list shall not be exhaustive.
b) Posted Site Information and Content
The information provided on this site, including commentary on regulations and practices, is made available for information purposes only. For customized advice or research of the text of a statute, regulation, or contract, Internet Users shall be referred to the various public services' official information sources.
The fact that an Employer is present on the Site is not an indication that the vacancies or tasks offered are recommended by the Site. YESWEHACK may not be made liable for an Offer containing false statements or statements likely to lead to an error.
YESWEHACK may not be made liable unless it is proven that the declared damages result from its own actions and unless there is a direct and definite causal relationship between the alleged fault and such damages.
In any case, the liability of YESWEHACK or any other future operator for all items of damages taken together may not exceed €50.
c) Offer, Blog, Wiki Information and Content Posted by Internet Users, Employers, and Advertisers
Information and contributions posted on the Site shall be the sole responsibility of Internet Users, Employers, and Advertisers.
YESWEHACK may not be held liable for false declarations made by such Internet Users, Employers, and Advertisers. At the same time, YESWEHACK shall not be held liable if information provided by such Internet Users, Employers, and Advertisers at the time of the registration or the posting of the message in question is no longer valid at a later date. The Site may not be held responsible for lost or damaged CVs, Advertisements, and Offers, Blog entries, or contributions to wikis as well as forums or self-help areas. YESWEHACK shall not be liable unless it is established that the claimed damages result from its own actions. YESWEHACK shall assume no responsibility for the violation of these Site access and usage conditions by a registered user. In any case, the liability of YESWEHACK or a future operator for all items of damages taken together may not exceed €50.
d) Loss or Unauthorized Use of User Name/Password
YESWEHACK shall not be liable for any loss or damage that may result from the loss or unauthorized use of a password/user name.
Article 10. Liberative Prescription
All liability action against YESWEHACK shall be barred three months after the advent of the injurious fact that may have served as grounds for such action.
Article 11. Information Technology and Civil Liberties
However, pursuant to applicable statutes, the Site shall keep the following data for a period of 1 year: connection time, duration, and IP address for each Site visit. These data may only be disclosed under judiciary authority. Pursuant to Statute No. 78-17 of January 6, 1978 as amended, known as the Statute on Information Technology and Civil Liberties, the database and the processing associated with it have been declared to CNIL as Declaration No. 1424112. All data of a personal nature regarding Internet Users are collected directly on the Site. Internet Users have the right to object, access, correct, and delete their information of a personal nature with the exception of IP addresses as prescribed by the current regulations regarding the keeping of such data. To exercise these rights, an Internet User must send an email message to the Site at email@example.com. We hereby inform you that while processing your application or your CV, YESWEHACK may disclose your personal information, or a part thereof, to customers, external providers, or to other companies within the YESWEHACK Group, whether or not located in France, except for any processing of marketing research.
Thus, the information you entrust to YESWEHACK is likely to be processed:
- in all the countries of the European Union;
- in all countries “assuring sufficient levels of protection” under Article 68 of the Statute of January 6, 1978;
- in all countries where YESWEHACK has made certain that the personal data you entrust us with have their security and confidentiality assured in an adequate manner.
Article 12. Application of Conditions. Severability. Construction.
These General Site Conditions shall be legally and contractually binding on both YESWEHACK and the Internet Users.
Failure on the part of YESWEHACK to exercise a right recognized under these General or Specific Conditions at any time may not, under any circumstances, be construed as an express or implied waiver of this right at a later time.
On the other hand, a clause being deemed invalid shall not affect the validity of the remainder of the contract or any other clause.
Article 13. Governing Law. Jurisdiction.
These Conditions, annexes, and any document related to the application of same shall be subject to French law. Any dispute related to the interpretation or the execution of these presents shall be referred to the courts in Paris, multiple respondents or third parties notwithstanding.