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Legal notices - Jobinabottle.com

Version as of October 20th 2021

The present website https://jobinabottle.com/, as well as its texts, images, videos et other hosted contents (excepted Users contents which we have a free and non-exclusive licence to use for), are the private limited company GCS EUROPE with its headquarters established in the 8th Arrondissement of PARIS. Any copy or reuse is prohibited.

Publishing firm:

GCS EUROPE, private limited company active since January 3rd 2002 in other human ressources placement (French Naf : 7830Z).

1 Cour du Havre - CS 50101, 75008 PARIS, France
team@jobinabottle.com
01 88 32 16 32
N° de SIRET : 44171028200050

Hosting:

OVH
Siège social
2 rue Kellermann, 59100 ROUBAIX, France

Credits

Homepage baneer : Upklyak

General terms and conditions of the Website Jobinabottle.com

Version as of October 20th 2021

We please ask you to read carefully the present general terms and conditions. The Website jobinabottle.com allows third party companies and other organizations to share job opportunities at which candidate subscribers can directly apply to (hereinafter, the « Website jobinabottle.com » or the « Company GCS EUROPE »). The Company GCS EUROPE therefore connects companies and candidates.

For any information regarding the present document and our services, please contact us at the following e-mail address: team@jobinabottle.com

Contents

1. Subject
2. Services provided via the Website jobinabottle.com
1. Job seeker profiles' creation, visibility and edition 2. Company profiles' creation, visibility and edition 3. Interactions between Candidates and Recruiters 4. Apply to a job offer 5. Applications receipt 6. Financial terms 3. Terms acceptions and update
4. Users requirements
5. Intellectual property and Website integrity
1. Contents edited by the Company GCS EUROPE
2. Contents uploaded by Users
6. Website guarantees and accessiblity
7. Responsibilities
1. Services provided by the Company GCS EUROPE
2. Contents uploaded via the Platform
3. Internet network and data loss
8. Personal data processing
9. Miscellaneous provisions
10. Applicable law and jurisdictional competence
11. Entire agreement

ARTICLE 1. SUBJECT

The present general terms and conditions defines the conditions under which users can access and use the Website jobinabottle.com.

The present document is a contract made with the user of the Website jobinabottle.com whatever their profile (member registered as a candidate [« Candidate »], member registered as a recruiter [« Recruiter »] - all the candidate and recruiter members are named « User » - or non-registered visitors [« Visitor »]) and the Company GCS EUROPE.

This contract is made permanently as of the User's acception of the Terms and Conditions.

ARTICLE 2. SERVICES PROVIDED VIA THE WEBSITE JOBINABOTTLE.COM

The Company GCS EUROPE provide Users, via the Website jobinabottle.com:
● For Candidates: a member area that enables them to create a job seeker profile, upload a resume, apply to Recruiter's job offers and save their favorite job offers.
● For Recruiters: a member area that enables them to create a company profile and to create and share job opportunities; access to the Website jobinabottle.com's CV database composed of the Candidates who created their profile.
The Company GCS EUROPE provide Users and Visitors, via the Website jobinabottle.com:
● Job offers published by third party companies and other organizations which offer minimum 1 day of remote work a week.
● Articles about work, recruitment, remote work.

Article 2.1. Job seeker profiles' creation, visibility and edition

Candidates create their job seeker profile as soon as they create a candidate account. Job seeker areas are gathered in the Website jobinabottle.com's CV database. The following data can be asked: Last Name, First Name, Current Job and Company, Localization, Education Degree, Experience, Number of remote work days, Salary, Contract Type, Languages, Resume (file uploaded by the Candidate) and Disabled Worker Label. By filling any information as cited above, the Candidate accepts to make them visible on their profile.

Job seeker profiles are visible for all Recruiters registered on the Website jobinabottle.com. Other Candidates and Visitors are not given access to the Website jobinabottle.com's CV database. Candidates can edit the information on their job seeker profile at any moment.

The e-mail address given when creating their candidate account is not visible on job seeker profiles - excepted on the PDF file with the Candidate's resume imported by the Candidate in case it is mentioned. Only the Website jobinabottle.com's administrators can access and it is only purposed to confirm the Candidate's identity and to communicate with Candidates.

As soon as a Candidate delete their candidate account, their job seeker profile is deleted and their informations are not kept by the Website jobinabottle.com.

Article 2.2. Companies profiles' creation, visibility and edition

Recruiters create their company profile as soon as they create a recruiter account. Company areas are associated with the job listings created by the Recruiter on the Website jobinabottle.com. The following data can be asked: Entity's name, Founding Date, Number Of Employees and Company's Presentation. By filling any information as cited above, the Recruiter accepts to make them visible on their company profile.

Job offers, as well as company profiles are visible for all Users and Visitors of the Website jobinabottle.com.

Recruiters can edit the information on their company profile at any moment.

The e-mail address given when creating their recruiter account is not visible on company profiles. Only the Website jobinabottle.com's administrators can access it and it is only purposed to confirm the Recruiter's identity and to communicate with Recruiters.

As soon as a Recruiter delete their recruiter account, their company profile is deleted and their informations are not kept by the Website jobinabottle.com.

Article 2.3. Interactions between Candidates and Recruiters

Recruiters can reach out Candidates from their candidate profile. Candidates can reach out Recruiters via the application form on job listings. The resume uploaded by the Candidate on their profile is automatically attached to the application.

Messages are directly sent to the contacted Candidate or Recruiter's e-mail address.

Article 2.4. Apply to a job offer

The Website jobinabottle.com broadcasts job opportunities edited by third party societies and allow interested Candidates to apply directly online by filling the form on the listing. It is necessary to own a candidate account in order to apply. Candidates can filter job listings by contract types, number of remote work days, localization, field of activity, salary, adaptability to disability and keywords. The Candidate's application and resume are directly sent to the Recruiter who created the job listing, by e-mail. The Company GCS EUROPE is not a part of the recruitment process, the Recruiter is the only one entitled to contact the Candidate.

Article 2.5. Applications receipt

Recruiters create their job listings via their recruiters space. Applications are directly sent to the email address associated to the recruiter's account. It is not possible to add another e-mail address in the listing body. Recruiters can change the receipt e-mail address from their recruiter area. This e-mail address will therefore be the new e-mail address of the recruiter account.

Article 2.6. Financial terms

All the Users and Visitors of the Website jobinabottle.com can benefit from all the services provided by the Company GCS EUROPE via the Website jobinabottle.com for free.

ARTICLE 3. TERMS ACCEPTATION AND UPDATES

Access to the Website is only allowed with the respect of the terms and conditions by the User. Hence, by navigating on the Website, the User is reputed to be agree with the terms.

The User recognizes they read carefully and consent with neither restriction nor reservation the terms of this contract as soon as they check the « I agree with the terms and conditions » checkbox before they create their candidate or recruiter account. In case the User disagree with one of these terms, they are free not to use our services.

We reserve the right to edit the terms and conditions at any moment. In this case, we will publish the new versions of the terms on the pages of our Website jobinabottle.com and will alert you through an e-mail sent by team@jobinabottle.com.

ARTICLE 4. USERS REQUIREMENTS

Within the scope of the use of the Website jobinabottle.com, the User compels:
● To conform to the stipulations described in the terms and laws in force, and to respect the rights of the third party;
● To communicate only information, files and other contents conforming to the reality, honest and fair;
● Not to upload advertising resume or resume aimed to promote products or services;
● Not to disclose via the Website jobinabottle.com any personal data (texts, photos and videos) from a third party without their consent;
● To process the data uploaded or published on the Website jobinabottle.com in conformity the GDPR regulation (details about the directives in Article 8);
● Not to upload and spread on their job seeker profile, company profile or listings any illegal - and notably infringing, defamatory, abusive, obscene, offensive, discriminatory, violent, xenophobic or inciting to racial hatred - words or content; or any other content contrary to morality and good behavior;
● Not to integrate and broadcast via the Website jobinabottle.com any content contrary to the purpose of our Service;
● Not to communicate or sent, by means of the Website jobinabottle.com, any content, however described, that may contain links pointing to websites that are illegal, abusive or incompatible with the Website jobinabottle.com's purpose;
● Not to use the Website jobinabottle.com to send unsolicited e-mails massively (advertising or other).

Furthermore, Users ensure expressly the veracity and reality of informations contained in their application (profile, education, professional experience, etc.) or their recruiter account (corporate name, profile, job opportunities, etc.).
Recruiters certify that the job opportunities they publish on the Website jobinabottle.com are truly open to remote work at least one day a week and that their remote work policy is true to the labor law regulations of the country/countries where the company and the Candidate are based.
In case of infringement of one or several of these requirements, we reserve the right to exclude the offending Users of the Website jobinabottle.com.

ARTICLE 5. INTELLECTUAL PROPERTY AND WEBSITE INTEGRITY

Article 5.1 Contents edited by the Company GCS EUROPE

The content of Website jobinabottle.com, in particular its structure, design, interface, databases, texts, digital content, brands, images, videos, any graphic element that compose it, as well as the SEO HTML tags (meta-tags) are the exclusive property of the Company GCS EUROPE. This content is protected by the dispositions of the intellectual property code and any national or international law in force to copyright.

Any copy, spread or use of any part of the Website jobinabottle.com's content in any form without the express and preliminary authorization of the Company GCS EUROPE is prohibited and would be considered as a counterfeit punished in particular by the articles L. 335-2 and next of the French intellectual property law.

Likewise, you are not allowed to:
● Proceed to any extraction by temporary or permanent transfer, nor use the totality or a substantial part in a quantitative or qualitative way of our Website and other databases visible on our Website, at the public disposal for commercial or other goals;
● Extract or use repeatedly and systematically any information visible on our Website when such an operation manifestly exceed a normal and private use of the Website jobinabottle.com;
● Run, commercialise or distribute any constitutive element of the Website jobinabottle.com, in particular visible information on the Website jobinabottle.com and any other database;
● Use software or manuel process to copy our web pages or save or collect informations on these web pages without the express, preliminary and written consent from the Company GCS EUROPE;
● Use device or software in order to disturb or try to disturb the good functioning of the Website jobinabottle.com; or take actions that would impose a disproportionate charge on our infrastructures.

Article 5.2 Contents uploaded by Users

Users upload and spread contents via the Website jobinabottle.com (resume, biographic information, information about the company, job listings, images, etc.). For this reason, Users are and remain holders of the rights on those contents. However, Users grant the Company GCS EUROPE with a non-exclusive and free licence of their contents. This licence covers the rights to use those contents and remains in force during the display time on the Website jobinabottle.com. For this purpose, Users declare they are duly authorized to grant a licence to use Users Contents transmitted in the limits determined in the terms.

ARTICLE 6. WEBSITE GUARANTEES AND ACCESSIBILITY

We put all the available efforts in providing the Website jobinabottle.com's Users a quality service. However, we can not guarantee the functioning of the Website jobinabottle.com will be uninterrupted, exempt of ant mistake or safe. In general, we can not guarantee neither the comprehensiveness nor exactitude of the content and shown information via the Website jobinabottle.com. We can not guarantee that the Website jobinabottle.com will be in conformity with Users needs. It is the User's responsibility to make sure they actually have access to the technical and appropriate ressources to use our services.

We reserve the right to suspend the access to the Website jobinabottle.com punctually in order to make maintenance or update operations on the Website jobinabottle.com and do our best to limit the duration of such an occurrence.

ARTICLE 7. RESPONSIBILITIES

Article 7.1 Services provided by the Company GCS EUROPE

Our responsibility can not be charged for the use you will have of the Website jobinabottle.com. Our responsibility will not be questioned for simple mistakes or omissions that could remain despite all the precautions taken on the introduction of the Website jobinabottle.com. We can not be held responsible for any damage resulting the use of the Service. The use of the Website jobinabottle.com is made under your entire responsibility.

The Company GCS EUROPE can not, in any case, be held responsible for any consequence that may occur during, or after, meetings or contacts between Candidates and Recruiters after using the Website jobinabottle.com.

The Company GCS EUROPE's only goal is to allow Candidates to upload their resume and associated contents enabling them to been seen by Recruiters and to search for a job; to allow Recruiters to create a company profile and to spread job opportunities that Candidates can apply to.

Finally, it should be precised that we do not intervene during the selection process of candidates within the recruitment process by a third party Recruiter. Henceforth, the Company GCS EUROPE, and more specifically the brand JOB IN A BOTTLE, could not be associated with an employer, a professional organization, recruitment office or headhunter or a proxy to the latter in the range of the services they provide via the Website jobinabottle.com.

Article 7.2 Contents uploaded via the Platform

On one hand, in order to make sure that the job opportunities published via the Website jobinabottle.com match the criteria specified by the Website purpose (company offering at least one day of remote work a week), we reserve the right to verify the relevance of the job listings and to remove any listing that does not respect those criteria.

The Company GCS EUROPE is neither subject to a general supervisory role on data and Users contents, nor obligation to erase any content that does not seem manifestly unlawful, notwithstanding reporting. However, within our anti-fraud and anti-spam policy, we reserve the right to monitor our database and exclude members whose e-mail address has been reported in phishing inventories.

On the other hand, we do not have any control over contents imported or given via the Website jobinabottle.com by Candidates (their exactitude, relevance or up-to-date); nor over Recruiters or Candidates' ability or quality.

We can not be held responsible for Users Contents uploaded. Only Users are responsible for their Contents and the Company GCS EUROPE only plays a technical hosting role on those Contents.

Article 7.3. Internet network and data loss

You recognize and accept that the Internet network, and any telematics network in general used for data transmission can comport risks related to a lack of protection of some data against eventual diversion and virus contamination risks. Also, we can not be held responsible for any loss or alteration of data, any profit, revenue, opportunity, time loss, nor any indirect damage this loss or this damage due to negligence or any other cause related to the execution or nonexecution of the Terms and Conditions.

ARTICLE 8. PERSONAL DATA PROCESSING

All safety, lawful, finality, conservation duration and data destination measures are the subject of a peculiar attention. The Users database is stocked in France, on the Company GCS EUROPE server via our supplier OVH, only accessible by the Website jobinabottle.com administrators team, protected by a secure and encrypted connection and password.

Users data are updated by Users. The Company GCS EUROPE can create and update Recruiters data at their express request.

Users data (contact information, resume, photo and other content uploaded by Users on the Website jobinabottle.com) are kept on the Website jobinabottle.com for undetermined duration, until Users delete their account or make the an express demand (by e-mail at: team@jobinabottle? com) as said in Article 12 and Article 17 of the European General Data Protection Regulation (GDPR) entered into effect on May 28th 2018. The account suppression leads to all the User dat suppression - henceforth they are neither kept on the Company GCS EUROPE's server, nor accessible by anyone.

The Company GCS EUROPE can not, in any cas, be held responsible for the use Recruiters make of personal data uploaded or published by Candidates.

ARTICLE 9. MISCELLANEOUS PROVISIONS

Assuming one or several provisions in these Terms and Conditions are considered as illegal, unenforceable or inapplicable by a court decision, these Terms and Conditions other provisions will remain in force conditionally upon the contract's general economy is not disturbed.

The fact, for a party, not to demand the strict respect of any requirement of the present Terms and Conditions, at any occasion, will not be considered as a renunciation to one of the mentioned rights and will not deprived this Part of their right to demand the strict respect of this requirement or any other requirement of the Terms and Conditions at any moment.

During the termination or expiry of the present terms, the following articles will remain in force: Intellectual property; Guarantees; Responsibilities; Miscellaneous provisions; Applicable law and jurisdictional competence.

ARTICLE 10. APPLICABLE LAW AND JURISDICTIONAL COMPETENCE

The present Terms and Conditions are regulated by the French law.

In case of conflict, the Parties decide, at the first time, to try to find a private arrangement. In case of failure, all potential conflicts between the parties regarding the signature, interpretation, execution and termination of the present terms and conditions will be submitted to the exclusive juridiction of the French Court to which the parties make express competence attribution, even in the event of multiple defendants, on interlocutory proceedings, calling for the guarantee or request.

ARTICLE 11. ENTIRE AGREEMENT

The Terms and Conditions, including the foreword, constitute the entire agreement between the Parties.

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