1. Identification of the Company
Yes We Hack (the "Company") is a simplified joint-stock company registered with the Paris Trade and Companies Register under number 814 037 214, having its registered office at 14 rue Charles V, 75004, Paris.
The Company can be contacted as follows:
- email address: abuse@yeswehack.com,
- telephone number: +33 (0) 186958418
2. Services offered
The Company allows recruiters (the "Recruiters") to post advertisements for job vacancies in the field of computer security in order to find candidates (the "Candidates") using the Yes We Hack Jobs platform through this URL https://jobs.yeswehack.com (the "Platform").
3. What do you need to know about our Terms and Conditions
| What is the purpose of our Terms and Conditions? |
Our terms and conditions (the "Terms and Conditions") constitute the sole document governing our contractual relationship and define:
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| Where can our Terms and Conditions be found? | You can find them by a direct link at the bottom of the Platform page. The version accepted by the Candidate will be accessible in the Platform's user area. |
| How do you accept our Terms and Conditions? | You accept the Terms and Conditions by checking a box in the registration form. If you do not agree to all of our Terms and Conditions, you cannot access the Services. |
4. What are the conditions for accessing our Services?
(i) You are a natural person with full legal capacity;
(ii) You have the status of professional, which is understood as any natural person or legal entity, private or public, acting for purposes falling within the scope of his/her/its commercial, industrial, craft, liberal or agricultural business, including when acting in the name or on behalf of another professional or consumer understood as any natural person acting for purposes which do not fall within the scope of his/her professional activity.
5. How are our Services accessed?
Access to the Services is done on the Platform accessible from the following URL:https://jobs.yeswehack.com/. You must complete the form provided for this purpose on the Platform in order to be able to respond to an offer (the "Offer") published by a Recruiter
You must provide us with all information marked as mandatory. To learn more about how we process this information, you can read our data protection policy.
Responding to an offer automatically results in the opening of an account in your name (the "Account") which allows you to access our Services using your login details and password.
6. How are our Services accessed?
You can access our Services directly on the Platform.
7. What are our Services?
7.1. Our Services
You can read about the characteristics of our Services on our Platform.
You acknowledge that:
- you have familiarised yourself with the characteristics and constraints, particularly those of a technical nature, of our Services;
- the implementation of the Services requires an Internet connection and that the quality of the Services depends on this connection, for which we are not responsible.
In particular, you have access to the following Services:
- Service for referencing recruitment offers published by Recruiters;
- Service for listing the offers to which you have applied.
We reserve the right to offer any other Services.
7.2. Our additional services
Maintenance:
You shall benefit from maintenance for the duration of the Services, particularly corrective and scalable maintenance. In this context, access to the Platform may be limited or suspended for maintenance reasons.
Access to the Platform may also be limited or suspended due to planned maintenance.
Hosting:
We provide, under the terms of an obligation of means, the hosting of the Platform, as well as the data produced and/or entered by/on the Platform, on its servers or through a professional hosting provider, and on servers located in a territory of the European Union.
Technical assistance:
In the event of difficulties encountered in using our Services, you may contact us using the contact details mentioned in Article 1 hereof.
8. How long is the term of the subscription to our Services?
You subscribe to our Services for an indefinite period.
9. What are our financial conditions?
Our Services are provided free of charge.
10. What are our respective intellectual property rights and what are we allowed to do in this regard?
10.1. Intellectual property rights on the Platform
The Platform is our property, as are the software, infrastructure, databases that we operate as well as any content we use (text, images, visuals, music, logos, trademarks, etc.). They are protected by all intellectual property rights or rights of database producers in force. The licence we grant to you shall not result in any transfer of ownership.
You have a non-exclusive, personal, non-transferable SaaS licence to use the Platform for the duration provided for in the article entitled, "For how long do you subscribe to our Services?".
11. What are your obligations and what are you responsible for?
11.1. Concerning the provision of information
You agree to provide us with all information necessary for the use of the Services.
11.2. Regarding your Account
You:
- represent and warrant that the information provided in the form is accurate and you undertake to update it;
- acknowledge that this information is proof of your identity and commits you as soon as it is validated; and
- you are responsible for maintaining the confidentiality and security of your login details and password. Any access to the Platform using the latter shall be deemed to have been made by you.
You must immediately contact us using the contact details mentioned in Article 1 hereof if you find that your Account has been used without your knowledge. You acknowledge that we will have the right to take all appropriate measures in such a case.
11.3. With respect to the use of the Services
You are responsible for your use of the Services and any information you share while doing so. You undertake to use the Services personally and not to allow any third party to use them in your place or on your behalf.
You agree not to misuse the Services for purposes other than those for which they were designed, including:
- engaging in an illegal or fraudulent activity;
- undermining public order and morality;
- harming third parties or their rights, in any way whatsoever;
- violating any contractual, legislative or regulatory provision;
- carrying out any activity likely to interfere with a third party's computer system, in particular for the purpose of violating the integrity or security thereof;
- carrying out operations aimed at promoting your services and/or websites or those of a third party; or
- assisting or inciting a third party to commit one or more of the acts or activities listed above.
You are also prohibited from:
- copying, modifying or misusing any item belonging to us or any concept we use in connection with the Services;
- behaving in any way likely to interfere with or misuse our computer systems or undermine our IT security measures;
- harming our financial, commercial or moral rights and interests;
- marketing, transferring or granting access in any way whatsoever to the Services, to the information hosted on the Platform or to any item belonging to us.
You are responsible for the Content of any kind you distribute in connection with the Services.
You agree that the Content published on the Platform will be made public by default and may be seen by other users of the Platform.
You shall not distribute any Content (this list is not exhaustive):
- undermining public order and morality (pornographic, obscene, indecent, shocking or unsuitable for family audiences, defamatory, abusive, violent, racist, xenophobic or revisionist);
- infringing the rights of third parties (infringing content, infringement of personality rights, etc.) and more generally violating any contractual, legislative or regulatory provision;
- harming third parties in any way whatsoever;
- that is false, misleading or offering or promoting illegal, fraudulent or misleading activities;
- harming third party computer systems.
You are responsible for the relationships you may establish with other users of the Platform and in particular with the Recruiters. You undertake to act with discernment and respect the usual rules of politeness and courtesy in your dealings with other users.
You shall hold us harmless against any claim and/or action that may be brought against us as a result of the breach of any of your obligations. You shall compensate us for the damage suffered and reimburse us for any sums we may have to bear as a result.
12. What are our obligations and what are we responsible for?
We undertake to provide the Services diligently, it being specified that we are bound by an obligation of means.
We undertake to comply with the regulations in force.
12.1. Regarding the quality of our Services
We make every effort to provide you with quality Services. To this end, we regularly check to verify the operation and accessibility of our Services and can thus carry out planned maintenance under the conditions specified in the "Maintenance" section.
However, we are not responsible for any temporary difficulties or impossibility of access to our Services that arise as a result of:
- circumstances outside our network (including the partial or total failure of your servers);
- failure of any equipment, cabling, services or networks not included in our Services or which is not under our responsibility;
- the interruption of Services due to telecom operators or internet service providers;
- your intervention, in particular via an incorrect configuration applied to the Services; or
- a force majeure event.
We are responsible for the operation of our servers, the outer limits of which are constituted by the connection points.
Furthermore, we do not guarantee that the Services:
- subject to constant research to improve performance and progress in particular, will be totally free from errors, defects or faults; or
- being standard and in no way offered according to your own personal constraints, will specifically meet your needs and expectations.
12.2. Concerning the Platform's service level guarantee
We make every effort to maintain access to the Platform 24 hours a day, 7 days a week, except in the event of maintenance or force majeure.
12.3. Concerning the backup of data on the Platform
We make every effort to backup all data produced and/or entered by/on the Platform.
Except in the event of proven fault on our part, we are nevertheless not liable for any loss of data during maintenance operations.
12.4. Regarding data storage and security
We provide you with sufficient storage capacity for the operation of the Services.
We make every effort to ensure data security by implementing measures to protect infrastructure and the Platform, detect and prevent malicious acts and recover data.
12.5. Regarding the relationship between users
We act as a broker in your dealings with other users and in particular with the Recruiters.
We thus shall not be held liable in the context of your relations with other users, or be a party to any potential disputes whatsoever.
12.6. Regarding the use of subcontracting and the transfer of our rights and obligations
We may use subcontractors in the performance of the Services, which are subject to the same obligations as ours for their intervention. However, we remain solely responsible to you for the proper performance of the Services.
We may replace any person who will be subrogated in all our rights and obligations under our contractual relationship. If applicable, we will inform you of this replacement by any written means.
14. Limitation period in the context of a relationship with a professional
Any action for liability against YESWEHACK shall be time-barred one (1) year after the occurrence of the harmful event.
15. What types of evidence are accepted between us?
Proof may be established by any means.
You are hereby informed that the messages exchanged via our Platform, as well as the data collected on the Platform and our IT equipment, constitute the main accepted mode of proof, in particular to demonstrate the reality of the Services performed.
16. How is personal data processed as part of the Services?
We have a Personal Data Protection Policy that is accessible here. Please read it.
17. What are our respective confidentiality obligations?
Unless otherwise agreed in writing, we respectively undertake to keep confidential, for the duration of our contractual relationship and 1 year thereafter, all information expressly identified as being confidential, of which we become aware during the conclusion and performance of our contractual relationship.
This obligation does not extend to information:
- of which the receiving party was already aware;
- already public at the time of its disclosure or which becomes public without breach of this clause;
- which is lawfully received from a third party,
- the disclosure of which is required by the judicial authorities, pursuant to the laws and regulations or with a view to establishing the rights of a party in the context of our contractual relationship.
Confidential information may be transmitted to our respective employees, staff, trainees, agents and co-contractors, provided that they are subject to the same obligation of confidentiality.
18. Force majeure
We shall not be held liable for failures or delays in the performance of our contractual obligations due to a force majeure event occurring during the term of our relationship. Force majeure covers:
- any case meeting the conditions of Article 1218 of the French Civil Code and recognised by case law;
- strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters or fault attributable to a third party telecommunications service provider.
If one of us is prevented from performing our obligations due to a force majeure event, the party must inform the other party by registered letter with acknowledgement of receipt. The obligations shall be suspended upon receipt of the letter, and shall be resumed within a reasonable period of time upon the cessation of the force majeure event.
We shall nevertheless remain liable for the performance of our respective obligations that are not affected by the force majeure event and for any payment obligation.
19. How do you terminate the Services?
You can unsubscribe from our Services by sending us a request through your Account.
The termination shall be effective immediately. You no longer have access to your account as of the end of the Services.
We can delete any Account if it has remained inactive for a continuous period of more than 2 years.
20. What are the sanctions for failure to fulfil your obligations?
The obligations set out in the section entitled "What are your obligations and what are you responsible for?" are essential obligations.
In the event of a breach of these obligations, we may:
- suspend or block your access to the Services;
- remove any Content related to the breach;
- publish on the Platform any information message we deem useful;
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send you an email with acknowledgement of receipt to:
- terminate our contractual relations, with the termination taking effect on the date of receipt or first presentation of this letter; or
- ask you to remedy the breach within a maximum period of 15 calendar days. The termination shall take effect at the end of this period if the breach is not remedied.
The termination shall result in the deletion of your Account:
- notify any competent authority, cooperate with it and provide it with any information relevant to the investigation and suppression of illegal or illicit activities,
- take any legal action.
These sanctions are without prejudice to any damages we may claim from you.
21. How can we amend our Terms and Conditions?
The modified Terms and Conditions are applicable as soon as they come into force.
If you do not agree to these changes, you must unsubscribe from the Services as set out in the section entitled "How do you terminate the Services?"
If you use our Services after the effective date of our modified Terms and Conditions, we shall consider that you have accepted them.
22. Which language prevails in case of disputes over the interpretation of the Terms and Conditions?
The French language version shall prevail in the event of contradiction or dispute over the meaning of a term or provision.
23. Governing law and jurisdiction
Our Terms and Conditions are governed by French law.
For Candidates having professional status, in the event of a dispute between us, and failing an amicable agreement within 2 months of the first notification, the dispute shall be submitted to the exclusive jurisdiction of the courts of Paris, France, unless there are mandatory provisions to the contrary.
24. Provisions reserved for Candidates with consumer status
24.1. Right of withdrawal
You have a right of withdrawal.
This right of withdrawal is 14 calendar days from acceptance of the Terms and Conditions. You can exercise this right free of charge by sending to us, using the contact details mentioned in the article entitled "Identification of the Company" before the deadline:
- the completed withdrawal form available here;
- any other unambiguous statement expressing your desire to withdraw.
If you exercise your right of withdrawal, we will reimburse all your payments received using the same means of payment as you used (unless you expressly agree to a different method), without undue delay and no later than 14 calendar days from the day on which we were informed of your desire to withdraw.
If you request that the Services begin before the expiry of the withdrawal period, by ticking the box for this purpose in the form, you will only be liable for the price of the Services calculated on a pro rata basis provided up to the day on which we were informed of your desire to withdraw.
24.2. Mediation
In the event of a dispute between the Customer and the Company, the Customer may use the following consumer mediator free of charge with a view to an amicable resolution:
Centre de médiation de la consommation de conciliateurs de justice (CM2C) Mailing address: 14 rue Saint Jean 75017 Paris Telephone: 06 09 20 48 86 https://www.cm2c.net
- Centre de médiation de la consommation de conciliateurs de justice (CM2C)
- Mailing address:
- 14 rue Saint Jean 75017 Paris
- Telephone:
- +33 (0) 609204886
- https://www.cm2c.net
If the Customer is a foreign consumer but located in the European Union, it can refer to the European consumer law dispute resolution platform accessible here.