Conditions of Use

These General Terms of Use (hereinafter the “Terms of Use” govern the relations between:

The company FIGARO CLASSIFIEDS, a limited company with a capital of 6,974,118 euros, registered to Paris Trade and Companies Register under the number B 431 373 471 whose registered office is 14 Boulevard Haussmann 75009 Paris, represented by its legal representative domiciled in such capacity at the said registered office (hereinafter the “Site” or “Viadeo”),

Hereinafter referred to as “FIGARO CLASSIFIEDS
On one hand,

AND
Users of the website referenced as http://business.viadeo.com/.
Hereinafter, jointly or singly, the « User(s)»,

On the other hand.

FIGARO CLASSIFIEDS and the Users are hereinafter referred to solely as « the Party » and collectively as « the Parties ».

Preamble

FIGARO CLASSIFIEDS operates an internet platform accessible at the www.viadeo.com address (Hereinafter « Viadeo ») allowing members to create and publish online, under certain conditions, their professional profiles, specifically to develop their professional network and find professional opportunities.

The website Business Solutions (hereinafter « the Site ») is dedicated to presenting news, clients’ testimony and products commercialized by Hiring, Marketing and Education’s team of FIGARO CLASSIFIEDS. Users will also be able to get additional information via the contact form and the newsletter subscription. (These elements are hereinafter referred as the « Service(s) »

Article 1. Access to the Site

By accessing the Site, Users acknowledge that they have read these Terms of Use and that they agree to abide by them unreservedly.

Article 2. Liability

2.1. Users’ liability

The User shall bear all costs related to the hardware and software needed to access the Site and use the Service. It is the User’s responsibility to take all suitable precautions to protect his/her own data, computer systems and/or software from any contamination by possible viruses.
By accessing the Site User makes a commitment to use FIGARO CLASSIFIEDS’s Services exclusively for the goal and conditions contained in these Terms of Use.

2.2. FIGARO CLASSIFIEDS’s liability

FIGARO CLASSIFIEDS commits to provide the Service in accordance with these Terms of Use.
DUE TO THE SPECIAL NATURE OF THE INTERNET, ACCESS TO THE SITE MAY BE INTERRUPTED OR RESTRICTED AT ANY TIME DUE TO A REASON BEYOND FIGARO CLASSIFIEDS’S CONTROL; IN SUCH CASE FIGARO CLASSIFIEDS MAY NOT BE HELD LIABLE.
NOR MAY FIGARO CLASSIFIEDS BE HELD LIABLE SHOULD ACCESS TO THE SITE BE INTERRUPTED DUE TO MAINTENANCE OPERATIONS, UPTDATES OR TECHNICAL IMPROVEMENTS, OR DUE TO OPERATIONS INTENDED TO UPGRADE THE SITE’S CONTENTS AND/OR PRESENTATION, AS SUCH INTERRUPTIONS WILL BE NOTIFIED AND WILL NOT EXCEED COMMON RELEVANT PRACTICES. FURTHEMORE, FIGARO CLASSIFIEDS MAY INTERRUPT THE ACCESS TO THE SITE AND SERVICE, WHETER TEMPORARILY OR DEFINTELY, PARTICULARLY IN CASE OF ITS TERMINATION OF THE ACTIVITY IN QUESTION, OR IN THE EVENT OF ANY COURT-ORDERED OR AMICABLE LIQUIDATION OF THE COMPANY; IN THESE LAST CASES, THIS CONTRACT SHALL BE TERMINATED IPSO FACTO.
FIGARO CLASSIFIEDS RESERVES THE RIGHT, AT ANY TIME AND WITHOUT PRIOR NOTICE, TO MODIFY ANY INFORMATION APPEARING ON THE SITE AS PART OF ITS UPDATE OR WHILE CORRECTING ERRORS OR INACCURACIES.
TO THE EXTENT ALLOWED BY APPLICABLE LAWS, AND TO THE EXTENT THAT FIGARO CLASSIFIEDS MAY BE DEEMED LIABLE FOR ANY DAMAGE NOT LISTED ABOVE, FIGARO CLASSIFIEDS’S LIABILITY SHALL BE LIMITED TO SPECIFIC, ACTUAL AND DEFINED DAMAGES.
TO THE EXTEND ALLOWED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCE SHALL FIGARO CLASSIFIEDS OR ITS AFFILIATED COMPANIES, LICENSORS OR PARTNERS, BE HELD LIABLE FOR ANY INDIRECT DAMAGES, UNREALISED EARNINGS OR DAMAGES RESULTING FROM THE LOSS OF DATA, OR FOR ANY OPERATION LOSS RESULTING FROM THE USE OR IMPOSSIBILITY OF USING THE SITE, THE SERVICE OR THE CONTENT, WHETHER ON THE BASIS OF GUARANTEE, A CONTRACT, A CIVIL OFFENSE, OR UNDER ANY OTHER LEGAL THEORY, WHETHER FIGARO CLASSIFIEDS BE INFORMED OR NOT OF SUCH DAMAGES.

Article 3. Confidentiality and personal data

Personal data collected from Members are data that allow identifying him as an individual, in a direct or indirect way.

The Registration Form allows web users who want to do so, to register on the website in order to benefit from the service, by communicating to FIGARO CLASSIFIEDS some personal data as their first name, last name and email address.

It is also possible for the web users that they pre-fill-in the registration form in an automatic way by using their Facebook or Google+ account. In this case, FIGARO CLASSIFIEDS will have access to some of the data available on those professional networks including their first name, last name, email address, phone number, address book, date of birth, profile picture.

The mandatory or facultative purpose of communicating the requested data information is mentioned in the Form at each information collect area. In the case when the information is mandatory, the registration will be cancelled if the information is not fulfilled.

After registering on Viadeo, the member is invited to complete his profile for it is the purpose of the service. In this context, the member can be lead to communicating other data, personal or not, such as their phone number, professional pathway, experiences, trainings, hobbies or professional abilities.

FIGARO CLASSIFIEDS shows a great attention about protection and confidentiality of the personal data given by the Members and sets the necessary technical arrangements that guarantees their security. Thereby, FIGARO CLASSIFIEDS watches for these personal data collected via the Website not to be lost, diverted, consulted, changed, or disclosed by non-authorised third parties.

FIGARO CLASSIFIEDS also collects legally and loyally the personal data from Members in the scope of the Site usage and service providing. Therefore they can be used by FIGARO CLASSIFIEDS for this purpose.

Thereby, the Member is informed that his personal data might be used by FIGARO CLASSIFIEDS especially: In order to suggest him new contacts based on those data he has given. In order for him to be contacted by recruiters, or project holders in the scope of Viadeo Freelance. In order to display him with targeted ads that are corresponding with his hobbies. Or in order to send him newsletters about his network. All of this made in the respect of the confidentiality rules established by the Member.

FIGARO CLASSIFIEDS does not communicate the personal data of Members to third parties, except for the data found on each Member’s public profile, in accordance with the Member’s determined parameterization and to the purpose of the Site and Service, and of those cases where the communication of such data is required by applicable laws, particularly at the request of the legal authorities.

Personal data communicated by the Member are stocked by FIGARO CLASSIFIEDS on their servers located in the United States, on purpose for their treatment in the usage of the Service.

FIGARO CLASSIFIEDS has chosen the mechanism of contractual clause foretype adopted by the European Commission in order to officer the personal data transfer out of the European Union. They goal for European citizens is to guarantee a sufficient level of confidentiality and security as far as their personal data is concerned.

The Member has the right to access, change, or to delete his own personal information treated via the Site, as well as the right to say he is opposed to the communication of this data to a third party if he has fair grounds.

In accordance with Article 40-1 of the Law “Informatique et Liberté”, the Member also has the right to define directives concerning the fate of his personal data after his death.

The Member can exercise these rights by writing to the following email address privacy@viadeo.com or to the mailing address : Viadeo.com / FIGARO CLASSIFIEDS, 14 Boulevard Haussmann, 75009 Paris.

However this access can be refused to him according to cases provided for by law.

The personal data communicated by the member are destroyed six (6) years after their last date of connection on the Site or at the end of the contract.

Members are informed that some data might be kept after their account has been cancelled in accordance with the legal obligations FIGARO CLASSIFIEDS has.

FIGARO CLASSIFIEDS invites the Members to read the Privacy Policy and to go read the Help section about “Confidentiality and Personal Data”.

Article 4. Intellectual property

4.1. FIGARO CLASSIFIEDS owns the Site,

both its technical components and its graphic, textual or other components, subject to the sole reservation of those contents provided by third-party. More specifically, both the Site and the Service are provided through software and databases designed and developed by FIGARO CLASSIFIEDS, which belong to it, or over which it holds intellectual property rights.
The contents placed online at the Site by FIGARO CLASSIFIEDS also belong to FIGARO CLASSIFIEDS, subject to the aforementioned reservations. FIGARO CLASSIFIEDS is therefore the sole holder of all intellectual property rights pertaining to the Service, the Site, its contents and the software and databases which ensure its operation, and use of the Site or Service does not grant any User any right over any of these elements.
Acceptance of these Terms of Use shall be deemed the User’s acknowledgement of FIGARO CLASSIFIEDS’s aforementioned intellectual property rights and his/her commitment to respect them.

4.2 User’s license of the Site and the Service

FIGARO CLASSIFIEDS grants the User a non-exclusive, personal and non-transferable license allowing him/her to use the Site and Service, as well as the data they contain, for his/her professional use, as per these Terms of Use and, in particular, in accordance with the finality of the Site and Service (hereinafter, the “License”).
Any other exploitation or use of the Site, the Service, their contents and, particularly, of the data they contain is excluded from the scope of this License and may only be made after obtainment of FIGARO CLASSIFIEDS’s prior and written authorization.
More specifically, any extraction or reuse, beyond the normal use of the Site, of the data contained on the Site and/or the Service is strictly forbidden to Users, and subject to FIGARO CLASSIFIEDS’s prior, written authorization.

Article 5. Agreement on evidence

The User and FIGARO CLASSIFIEDS unanimously agree that FIGARO CLASSIFIEDS’s computer systems and files shall be self-evidencing between them.
Consequently, the computer files and records stored within the computer systems operated by FIGARO CLASSIFIEDS or on its behalf under reasonable security and reliability conditions may be used validly and produced as evidence of the execution of the Contract, and more generally of any event, communication or relation between both Parties in relation to the User’s use of the Site.
Therefore, FIGARO CLASSIFIEDS may validly produce, as part of any proceeding, as evidence of any act, fact or omission, the data, files, programs, registrations or other elements, received, issued or stored using the aforementioned computer systems, on any digital or analogical supports, and rely thereon, except for evident errors.

Article 6. Modifications of the Terms of Use

FIGARO CLASSIFIEDS may modify these Terms of Use at any time and without prior notice. Users are therefore invited to consult the latest updated version thereof on a regular basis, freely available and permanently accessible from the homepage of the Site, by clicking on the “Terms of use” link.
The amended Terms of Use will be effective from there online publishing and shall be applicable automatically.

Article 7. Applicable law and assignment of Jurisdiction

The conclusion, interpretation, and the validity of the present General Terms of Sale and of the Contract are governed by the French Laws. In the event of any discrepancy in their interpretation, the french version shall prevail over any other version in any other language. Subject to applicable public-order provisions regarding the assignment of jurisdictions, the courts corresponding to FIGARO CLASSIFIEDS ’s head offices shall have sole jurisdiction regarding any litigation related to this present Contract, including but not limited to any litigation regarding its validity, interpretation, execution and/or termination, and the consequences thereof.

Date of last modification: January 11th 2017