1. PREAMBLE
The purpose of these general terms and conditions of use (hereinafter the "GCU") is to define the terms and conditions of access to and use of the recruitment assistance platform accessible at https://www.flatchr.io (hereinafter the "Platform"), developed and published by FLATCHR INTERNATIONAL, a société par actions simplifiée (simplified joint-stock company) with capital of 70,189.50 euros, registered in the Paris Trade and Companies Register under number 803 289 560 and whose registered office is located at 79 Rue Marcel Dassault - 92100 BOULOGNE-BILLANCOURT (hereinafter "FLATCHR"), as well as the rights and obligations of Recruiters in this context.
The Platform enables Recruiters to publish and multi-post their job offers, and to target and manage their recruitment, and enables Candidates to consult and apply for job offers listed on the Career Sites and on third-party recruitment websites.
2. DEFINITIONS
In the GCU, the terms identified below by a capital letter have the following meaning, whether used in the singular or plural:
- Application: refers to the mobile application created by FLATCHR.
- Candidate(s): refers to any natural person using the services of the Platform to consult and apply for one or more job offers published by one or more Recruiters on the Platform.
- GCS: refers to FLATCHR's general terms and conditions of service and its appendices.
- Client Recruiter or "Recruiter": refers to any individual or legal entity, registered as a professional in the Trade and Companies Register or any equivalent commercial register, who subscribes to a free trial of the Platform and/or the Application or to a paid subscription to the Platform and/or the Application, with the aim of filling a position within his organization or one of its subsidiaries in the short or medium term.
- Recruiter Account: refers to the Recruiter's personal account enabling him/her to access the Platform's services and his/her Dashboard.
- Content(s): refers to information published by the User on the Platform and/or the Application, including but not limited to text, graphics and video.
- Job Offer(s): refers to any advertisement published by a Recruiter via the Platform and/or the Application for the purpose of filling a short- or medium-term position within its organization or one of its subsidiaries.
- Targeting Tool: refers to the "matching" algorithm using the "semantic ranking" technique, which enables a Candidate to be matched with a Job Offer according to the criteria indicated on the Candidate's application form and on the form relating to the Job Offer, without these criteria being based on the Candidates' origin, political conviction, belief, membership of a trade union, health, age or sex.
- Parties: refers jointly to FLATCHR and the User.
- Services: refers to publication and multicasting services and recruitment targeting and management services:
o Publication and Multicasting Services: refers to the services of publishing Job Offers on the Platform, and referencing Job Offers on the recruitment platforms of third-party recruitment Websites made available to Recruiters.
o Targeting Service: refers to the service of selecting Candidates according to the criteria indicated on the Job Offer form, using the Targeting Tool integrated into the Platform.
o Management Service: refers to the recruitment process organization service made available to Recruiters on the Platform and/or the Application.
- Career Site: refers to a single page created by FLATCHR for each Client Recruiter on which they can post their Offers.
- Website: refers to the http://www.flatchr.io website on which the Platform is published.
- Third-party recruitment website(s): refers to the websites on which Recruiters' Offers are listed by FLATCHR.
- Dashboard: refers to each Recruiter's personal interface enabling him/her to access the Services.
- Secondary Users: refers to the natural persons authorized by the User to use the Platform and to whom the User has assigned a specific identifier and password. The Recruiting Customer may designate as Secondary Users any employee, whatever their status (employee, agent, temporary worker, consultant, etc.). Secondary Users may be any natural person designated by the Recruiting Customer who accesses the Platform and/or the Application in order to use the Services, irrespective of where they are and how they access them.
3. ACCEPTANCE OF THE GCU
The GCU constitute a contract between the user and FLATCHR. All access to and use of the Services offered on the Platform and/or the Application by the user or secondary users is subject to acceptance of and compliance with all the terms of these GCU without restriction or reservation.
Acceptance of the GCU takes place when the Subscription Form is accepted and/or when the User Account is created. The GTU are completed by the GTS and a Subscription Form for recruiters.
4. UPDATING OF THE GENERAL TERMS OF USE
FLATCHR reserves the right to modify and/or update the GTCU, in accordance with technical developments of the Platform and/or the Application or due to changes in legislation, at any time and without prior notice.
Access to and use of the Platform will be subject to the GCU in force at the time of such access and use. The Customer is therefore advised to refer regularly to the latest version of the GCU available on the Site before placing any order. Should any clause of the GCU become null and void as a result of a change in legislation or regulations, or be declared as such by a final court decision, this shall in no way affect the validity of and compliance with the other clauses of the GCU.
5. HOW TO ACCESS THE PLATFORM
5.1 Creating a Recruiter Account
Access to the Platform and/or the Application requires the creation of a Recruiter Account. To do so, the user must have a valid email address and must enter his/her surname, first name, email address, company registration number, address and telephone number.
By accepting the Subscription Form, the User acknowledges that he/she has read the Terms and Conditions, the General Terms and Conditions and the Candidate Terms and Conditions, has understood them and fully accepts all their stipulations, without restriction or reservation.
The user agrees to provide and maintain accurate, up-to-date and complete information. FLATCHR shall in no circumstances be held liable for any delay or inability to access the Platform and/or the Application due to erroneous or incomplete information entered by the user. In this respect, the user may at any time modify his/her personal information and password directly from his/her User Account.
The Recruiter's password is personal and confidential. The User shall keep it securely and undertakes not to divulge it to third parties for any reason, in any manner or form whatsoever. The Recruiter Account contains personal data. The User must take care to choose, and to assign to secondary Users, a "strong" password. A good password must contain at least 8 characters and 4 different types: lower case, upper case, numbers and special characters. To avoid cascading hacking, the Recruiter Account, as well as secondary Users' accesses, must have their own unique password. Users must not choose a password they already use for another account.
The User also undertakes to ensure that he/she logs off properly at the end of each session on the Platform. An automatic disconnection will take place after 5 days. In the event of loss, forgetfulness or theft of his/her authentication details, the User must change the password concerned as soon as possible by clicking on the corresponding button located under the login form.
The user is then invited to create a new password.
Under no circumstances shall FLATCHR be held liable for the loss, theft or omission of the Recruiter's authentication details, or for their fraudulent use. The User is solely responsible for access to and use of the Platform by him/her and secondary Users using his/her authentication details.
5.2 Minimum system requirements
To access the Platform and/or the Application, the user must have computer hardware (PC, MAC, tablet or smartphone), a broadband Internet connection and a web browser.
All costs relating to access to and use of the Platform and/or the Application, including hardware, software and internet access costs, shall be borne exclusively by the Recruiter. The user is solely responsible for the proper operation and security of his/her computer equipment and Internet access.
5.3 Availability
The Platform and/or the Application are, as far as possible, accessible 24 hours a day, 7 days a week, subject to the occurrence of a case of force majeure or an event beyond FLATCHR's control, and except in the event of interruption, suspension or limitation as part of maintenance operations and/or updates necessary for the proper functioning of the Platform and/or the Application.
FLATCHR is only bound by an obligation of means concerning the accessibility, operation and availability of the Platform, the Application or their content. FLATCHR reserves the right to interrupt, suspend or limit access to all or part of the Platform and/or the Application, in particular due to legal or technical constraints.
Subject to the stipulations agreed under the Subscription, the user expressly acknowledges that the aforementioned suspensions, interruptions or limitations may occur at any time without notice and that they shall not give rise to any obligation or compensation for the user.
6. USE OF THE PLATFORM AND/OR APPLICATION
6.1 Description of Services
Publication and Multicasting Service. The service of publishing Job Offers on the Platform and/or the Application and referencing Job Offers on the recruitment platforms of third-party recruitment websites allows, for a given period of time, to publish one or more Job Offers.
To do so, the user must first fill in a certain amount of information relating to the Job Offer using the form provided for this purpose, before clicking on the "publish" icon, which authorizes FLATCHR to publish the Job Offer on the Platform as well as on the recruitment platforms of third-party recruitment websites, depending on the nature of the Job Offer.
The User also has the option of saving the Job Offer, which is then stored on his/her Dashboard for subsequent publication.
The User acknowledges that the Job Offer may only be published on third-party recruitment websites corresponding to the nature of the Job Offer concerned and proposed by FLATCHR, and may therefore not be published on all third-party recruitment website platforms.
Targeting Service. FLATCHR provides the Recruiter with a Job Offer Targeting Service by means of a Targeting Tool operating an automated selection of Candidates meeting the criteria indicated on the form relating to the Job Offer published by the User. The user then receives the curriculum vitae and contact details of the targeted Candidates on his or her Dashboard, under the "to be sorted" category, for the purpose of contacting them or not, at the user's discretion.
Management service. FLATCHR provides the Recruiter with a Recruitment Management Service enabling the Recruiter to organize and list Candidates according to criteria that are not based on origin, political conviction, belief, union membership, health, age or gender.
6.2 Publication of Content
The user/Candidate undertakes to use the Platform and/or the Application solely for his/her professional needs. The user/Candidate is solely responsible for the Content he/she publishes on the Platform and/or the Application.
The user/Candidate undertakes to comply with the basic rules of courtesy and politeness and to ensure that all Content he/she publishes complies with current legislation, in particular :
- They do not infringe the rights of third parties, or violate privacy or image rights;
- They are not abusive, defamatory, obscene or offensive;
- That they do not disseminate any manifestly illicit remarks, apology for crimes against humanity, incitement to racial hatred, hatred of persons on the grounds of their sex, sexual orientation or identity, or their handicap, as well as child pornography, incitement to violence and offences against human dignity.
- That they do not present any content encouraging discrimination;
- That they do not propose any activity contrary to labor legislation (notably concealed work); or promoting dangerous or illicit activities.
As FLATCHR only hosts third-party content, it does not carry out any a priori moderation of Content published on the Platform and/or the Application, and does not exercise any general control over Content published by Users. If abusive Content is reported on the Platform, FLATCHR reserves the right to modify, delete or remove the offending Content in whole or in part.
Any Content that is manifestly illicit within the meaning of article 6-I-7 of law no. 2004-575 of June 21, 2004, for which the User has not been able to obtain a response from the author of the contentious Content or for which it is impossible to contact the author of the Content, may be the subject of a request for withdrawal to FLATCHR in accordance with the procedure provided for in article 6-I-5 of the LCEN at the following address: FLATCHR, 79 Rue Marcel Dassault - 92100 BOULOGNE-BILLANCOURT by completing the form provided in Appendix 1.
Prior to removing Content, FLATCHR teams are likely to inform the user author of the Content. The user further acknowledges that FLATCHR reserves the right, in the event that too many illicit or abusive Contents come from the same source, to immediately and temporarily suspend access to the Platform or to immediately delete the Recruiter Account in question, and to terminate the Contract, without compensation and without legal formalities.
6.3 Violation of the GCU
It is strictly forbidden to use the Platform and/or the Application for the following purposes:
- Carrying out illegal, discriminatory or fraudulent actions, or actions that infringe the rights or safety of third parties,
- Undermining public order or violating applicable laws and regulations,
- The creation of multiple accounts in order to circumvent the limits of the free trial (the multiplication of "phantom" accounts being likely to involve the suppression of the entirety of its Accounts by the FLATCHR teams without notice nor justification),
- Assisting or inciting, in any form or manner whatsoever, one or more of the acts described above,
- And more generally any practice diverting the Platform to purposes other than those for which it was designed.
In the event of non-compliance with this article, FLATCHR may immediately and temporarily suspend access to the Platform or immediately delete the Recruiter Account concerned, and terminate the Contract, without compensation and without legal formalities - all without prejudice to any damages that FLATCHR may seek.
6.4 Use of AI
The Service we provide incorporates an artificial intelligence system designed to assist the User in his activities. The User can use a CV parsing function which, based on predefined keywords and criteria, extracts and analyzes information contained in a CV in order to highlight applications containing the selected keywords or criteria.
This system is based on learning models whose results are generated automatically and are provided for information purposes only. They are not a substitute for human expertise, judgment or validation.
The User expressly acknowledges that the artificial intelligence system may produce incomplete, approximate, obsolete or erroneous answers, and that it is the User's responsibility, in all circumstances, to review the results before using them.
The Service is provided "as is" and we exclude all warranties, express or implied, including, but not limited to, warranties of accuracy, reliability, completeness, suitability, performance or fitness for a particular purpose. We shall not be liable for any errors, omissions, failures or damages, direct or indirect, resulting from the use, interpretation or exploitation of the results generated by artificial intelligence.
It is the User's responsibility to check the accuracy and completeness of the information thus provided, for which he/she remains solely responsible. The User undertakes to use the Service in compliance with the laws and regulations in force, including, but not limited to, the General Data Protection Regulation (GDPR) and the European Artificial Intelligence Regulation (AIR). The User shall refrain from any use that is unlawful, fraudulent, discriminatory, defamatory, contrary to public policy, unethical or infringing on the rights of third parties. The User is also prohibited from introducing or submitting confidential data to the Service, or more generally any information that is not intended to be processed by the artificial intelligence system.
7. GUARANTEE
FLATCHR informs the user that the Contents are hosted on the servers of a technical service provider to which FLATCHR subcontracts the hosting service.
FLATCHR guarantees the Recruiter that the said service provider has undertaken to take all necessary precautions to preserve the security of the Content and in particular to protect it against any accidental or illicit destruction, accidental loss, alteration, distribution or unauthorized access.
FLATCHR and its subcontractor undertake: i) not to make any copies of the Content entrusted to them, with the exception of those necessary for the performance of the Services covered by these GCU, ii) not to use the Content for purposes other than those specified in these GCU, iii) to take all measures to prevent any misappropriate or fraudulent use of the Content.
FLATCHR makes no other warranties, express or implied, including but not limited to warranties as to the durability of the Platform, the Application and/or the fitness for a particular purpose or the suitability of the Platform or the Application for the Recruiter's needs, nor does it warrant that they are free from defects, errors or bugs or that they will operate without failure or interruption.
Access to the Platform and/or the Application implies knowledge and acceptance of the characteristics and limits of the Internet, in particular with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by any viruses circulating on the network. FLATCHR does not guarantee that the Platform, the Application or its servers will at all times be free from viruses, worms, Trojan horses or any other component liable to cause damage. It is the Recruiter's responsibility to take all appropriate measures to protect his or her own hardware, data and/or software stored on his or her computer equipment against any attack, to preserve the security of the Content and in particular to
In this respect, the user acknowledges that :
- it is the user's responsibility to take all appropriate measures to protect his/her own data and/or software from contamination by any viruses circulating on the Platform or Application;
- use of the Platform or the Application is at the user's own risk; they are accessible "as is" and subject to availability;
- he/she is solely responsible for any damage to his/her terminals or loss of data resulting from downloading or consulting the Platform or the Application;
- he/she is solely responsible for his/her use of the Platform or the Application;
- the communication of any information deemed confidential is made under his or her responsibility;
- it is the user's responsibility to take all necessary measures to ensure that the security of the Content is maintained, and in particular that any material downloaded by the user or obtained in any other way while using the Platform or the Application is done so at the user's own risk;
- the technical characteristics of his or her equipment enable him or her to consult the Platform or the Application.
Consequently, and to the extent permitted by law, FLATCHR shall not be held liable for any foreseeable or unforeseeable damage of any kind, whether material or immaterial (including loss of profit or opportunity, etc.) suffered by the user and arising from the use or total or partial inability to use the Platform or the Application and/or any of the services offered.
8. LIABILITY
Access to and use of the Platform and the Application are the sole responsibility of the Recruiter/Candidate. The user is solely responsible for the proper use, with discernment and spirit, of the Platform, the Application and the Content integrated therein by him/her and by secondary Users.
The user is responsible for any loss of Content that may result from his or her use of the Platform and/or the Application. In this respect, the user is responsible for implementing anti-virus and other security measures on his or her computer system.
To the fullest extent permitted by applicable law, FLATCHR expressly excludes liability for any indirect damage resulting from or in connection with access to the Platform and/or the Application, its use, malfunction or unavailability, whatever the nature and duration thereof.
FLATCHR is liable only for direct damages that may be caused to the Recruiter as a result of the improper performance and/or non-performance of its obligations under the GCU.
The User acknowledges that FLATCHR remains free to correct and/or modify the Platform and/or the Application at any time and without notice, without such correction and/or modification giving rise to any right of recourse on its part.
In general, FLATCHR shall not be held liable in any case where the non-performance or improper performance of the GCU is the result of force majeure or an act of God beyond its control.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 License to the Services, Website Platform and Application
The Services, the Website, the Platform, the Application and each of the elements of which they are composed, in particular texts, images, visuals, videos, sounds, logos, interfaces, and brands such as the "FLATCHR" brand, are protected by intellectual property rights and are the exclusive property of FLATCHR.
The development of the Services, the Website, the Platform, and the Application has involved significant investments and joint work on the part of the FLATCHR teams, for this reason and unless expressly stipulated otherwise, FLATCHR does not grant the Recruiter any right other than a personal right to consult the Website and to access the Platform or the Application on a non-exclusive basis and limited exclusively to the use of the Services to apply for Job Offers.
It is strictly forbidden to represent, reproduce and/or exploit the Services, the Website, the Platform, the Application and each of the elements of which they are composed, in whole or in part, in any form and by any means whatsoever, without the prior written consent of FLATCHR.
The user agrees not to copy, modify, assemble, decompile, alter, sell, rent, lease, loan, broadcast, distribute or transfer all or part of the Services, the Website, the Application and the Platform, create derivative works from the Services, the Website, the Application and the Platform, authorize a third party to commit such acts, without the prior written consent of FLATCHR.
Failure to comply with the provisions of this article constitutes an infringement of the intellectual property rights of FLATCHR and/or third-party licensors and may result in civil and criminal prosecution.
Any other reproduction and/or representation of all or part of the Website on media other than those expressly referred to above must be subject to a prior request for authorization to FLATCHR at the following address: contact@flatchr.io.
9.2 License to use Content
By publishing Content on which the user may hold intellectual property rights on its Dashboard, the user grants FLATCHR the non-exclusive, free and worldwide right to reproduce and distribute this Content in whole or in part on the Platform, the Application and on the platforms of third-party recruitment websites in order to perform its Services.
The right of distribution is thus granted to FLATCHR for the sole purpose of allowing Users to view the Content published on the Platform, the Application and on the platforms of these third-party recruitment websites.
10. LINKS TO OTHER WEBSITES
The Platform may contain links to external websites that may be of interest to the user.
FLATCHR shall not be held liable for the content of any such third-party website to which the user may have had access via such links.
Furthermore, FLATCHR has no means of controlling the content of these third-party websites, which remain totally independent of FLATCHR. Moreover, the existence of a link between the Platform and a third-party website does not in any way mean that FLATCHR approves in any way whatsoever of the content of this site and a fortiori of any use that may be made of it.
11. PERSONAL DATA
In order to benefit from the service, FLATCHR must process your personal data. For more information on this subject, please consult our Privacy Policy available here.
12. TERMINATION
Termination of the free trial by the user results in deactivation of the Recruiter Account.
In the event of termination of the paid subscription by the Recruiter Customer, the Recruiter Account will be deactivated on the effective termination date of the subscription.
In the event of breach by the User of any of the obligations stipulated in these GTU, FLATCHR shall be entitled to terminate, ipso jure, without the need for any judicial formality or formal notice and without compensation, their contractual relationship, with the effect of suspending or closing the Recruiter Account and making it impossible for the Recruiter to access the Services.
FLATCHR shall have the right to suspend or close the Recruiter Account in the event that the User has repeatedly: (i) published information of a defamatory, disparaging, insulting, obscene, violent or racist nature, or more generally contravened the legal or regulatory texts in force, (ii) violated the rights of third parties by publishing manifestly illicit information, or (iii) published false information.
In the event of deactivation of the Recruiter Account, Personal Data may be archived in a secure environment, for the legal period of prescription, for the purposes of proof for the establishment, exercise or defense of a legal claim, in accordance with the regulations applicable to the protection of personal data.
FLATCHR will return to the Recruiter, upon request, the data it has integrated on the Platform or the Application in a standard readable format, as provided for in the GCS, upon simple request sent by email to the following address: contact@flatchr.io.
The user is bound by these GCU as soon as he/she registers on the Platform and/or the Application, and for the duration of the Subscription until it expires and the Recruiter Account is closed.
The applicable GCU are those in force on the day of use of the Website by the user.
14. AUTONOMY OF THE GENERAL TERMS OF USE
In the event that any one of the stipulations of these GCU should become null and void, unfit to produce the effects for which it was inserted, inapplicable, unenforceable, invalid or illegal, the other stipulations of these GCU shall not be affected and the Parties shall not be relieved of their obligations with regard to the performance of these GCU.
In such a case, FLATCHR will, as soon as possible, substitute a valid stipulation satisfactory to the Parties in place of the stipulation whose validity is affected.
15. APPLICABLE LAW - JURISDICTION
These GCU are governed by French law.
In the event of a dispute between the Parties, FLATCHR encourages the Recruiting Client to first contact FLATCHR teams in order to find an amicable solution. FLATCHR will consider reasonable requests for dispute resolution through alternative procedures such as mediation or conciliation.
IN THE ABSENCE OF AGREEMENT BETWEEN THE PARTIES TO RESOLVE THE DISPUTE BY MEANS OF ALTERNATIVE PROCEDURES, ANY DISPUTE AND/OR DIFFICULTY OF INTERPRETATION OR EXECUTION OF THE PRESENT GENERAL TERMS AND CONDITIONS OF USE WILL FALL UNDER THE JURISDICTION OF THE COMPETENT COURTS OF THE COURT OF APPEAL OF PARIS.
16. CONTACT
For any information concerning the GCU, the user may contact FLATCHR by e-mail at the following address: contact@flatchr.io.
APPENDIX 1: NOTIFICATION OF MANIFESTLY ILLEGAL CONTENT
Any person with an interest in acting may notify FLATCHR at the following e-mail address: contact@flatchr.io
of any manifestly illicit content by providing the following information:
- Content concerned ;
- Date of notification;
- Names, first names, profession, address, nationality, date and place of birth;
- Description of the facts in dispute and their precise location;
- the communication of any information deemed confidential is made under his responsibility;
- The reasons why the content must be removed, including legal provisions and factual justifications;
- A copy of any correspondence addressed to the author or publisher of the disputed information or activities, requesting its interruption, withdrawal or modification, or stating why the author or publisher could not be contacted.
In accordance with article 6 al 4 of the French law n°2004-575 of June 21 2004 for confidence in the digital economy, "the fact for any person to present (...) a content (...) as being illicit in order to obtain its withdrawal or to stop its diffusion when he knows that the information is inaccurate is punishable by one year's imprisonment and a fine of 15,000 euros".