Terms of use Seeqle

The present Seeqle general terms and conditions (hereafter referred to as « the Terms and Conditions ») govern the contractual relations between the joint stock company Seeqle, with a capital of 24,111 Euros, registered with the Companies Register in Paris under number 809 063 142 with its head offices located at 14 rue Darcet, 75017 Paris, France, whose duly authorized representative is Dorian LIEGEOIS (hereafter referred to as « Seeqle ») and any person (hereafter referred to as « the User ») who registers to use the Seeqle Internet site www.seeqle.com (hereafter referred to as « the Site ») and/or the application for mobile devices (e.g. telephone or tablet) that Seeqle makes available to the Users (hereafter referred to as« the Application »).

Seeqle and the User are hereafter referred to individually as « the Partie » and collectively as « the Parties ».

These Terms and Conditions define the conditions in which the user may use the Site, in particular to :

  • - Publish his professional profile on line so that it can be accessed by recruiters (in which case the User is hereafter referred to as an « Applicant ») ;
  • - Access the profiles of selected Applicants that have been previously identified by Seeqle or not (in which case the User is hereafter referred to as a « Recruiter ») ;
  • - Benefit from complementary services, subject to the payment of subscription fees, as proposed by Seeqle (hereafter referred to as « Premium Services »), in particular to :
    • - Allow Recruiters to access to Applicant profiles.

Article 1 – Registration

To register to use the Site and/or the Application, the User shall fill in the required fields in the registration form with full and accurate information.

If the information provided is incomplete or inaccurate, the User’s account may be automatically closed, with no prior notice or formality, and the User agrees to exonerate Seeqle from any and all consequences that may result from the User’s having provided incomplete or inaccurate information.

The User shall register using the electronic mail address which he has provided to Seeqle.

For subsequent site visits, the User will only be required to enter his e-mail address (user login ID) and his password. For privacy and security reasons, it is recommended that the User create a password with various types of characters and that he change it regularly.

Article 2 – User Accounts

Each individual User account allows him to update his personal information.

The user ID and password are unique and personal. They must not be disclosed to third parties. Any use of the Site and/or the Application via the User’s login ID or password will be considered as having been done by the User. If the User has disclosed his user ID and password to a third party, the User shall promptly inform Seeqle by e-mail at hello@seeqle.com so that his login details can be deactivated.

2.1 Applicant accounts

The Applicant is free to fill in all the fields available to him on the Site and/or the application. In this regard, he represents and warrants that all the elements he provides are true and verifiable and that he is authorized to use them and to disclose them on the Site. In particular, the Applicant agrees to exonerate and hold harmless Seeqle against any claim or action that may arise based on the fact that one of the elements disclosed by the Applicant via his User account is in violation of any third-party rights (e.g. forgery, non-compliance with a statement of confidentiality, unfair competition).

The Applicant agrees in particular to refrain from publishing information and/or job applications on behalf of any third party.

The Candidate hereby authorizes Seeqle to use his image as part of the publication and diffusion of his profile as set forth in the Terms and Conditions as well as in advertising and promoting the Site.

Seeqle shall not use the Applicant’s image for Site- or Application-related by-products without the Applicant’s prior consent, with any refusal on the latter’s part to be duly justified; nor shall there be any prior agreement in good faith between Seeqle and the Applicant regarding fair compensation.

It is hereby stipulated that Site-related publications and promotional films, as well as the distribution of promotional materials about the Site, are not considered by-products.

Article 3 – Premium Service

3.1 Subscription to the Premium Service plan

The User will be able to access the Premium service to which he has subscribed after paying the corresponding fees, subject to the following conditions.

3.2 Terms of subscription to Premium Service

After selecting the Premium Service he wishes to subscribe to, the User must choose a payment method in order to subscribe.

Upon reception of his order, Seeqle will send an order confirmation to the e-mail address provided by the User.

An invoice will be made available to the User.

3.3 Terms of Payment

Access to the Site or the Application is accessible on payment, excepting any Internet connection fees which shall be borne by the User.

All fees for Premium Service or subscriptions are indicated in Euros.

3.4 Right of cancellation

Given that the User wishes to immediately benefit from the relevant Premium Service upon confirmation of his subscription, no cancellation rights will be granted in application of the terms set forth in Articles L 121-21-5 and L 121-21-8 of the French Consumer Code.

Article 4 – User Agreement

Under the conditions of use of the Site and/or Application, the User hereby agrees to respect the applicable legislation.

It is strictly forbidden to :

  • - Publish false or irrelevant information on the Site and/or the Application ;
  • - Publish or share, on the Site and/or the Application, content of any nature that is illicit, threatening, humiliating, defamatory, or obscene; or incites hatred, is pornographic or blasphemous; or any other message that may constitute a crime or a an offence or results in civil liability or violates national laws or encourages violation of said laws; or publish content that may be used for any purpose that violates the law or the present conditions of use ;
  • - Use the Site or the Application in any way that, in Seeqle’s opinion, negatively affects the performances or the features of the Site or any other digital system or network used by Seeqle, or which has a negative impact on the other users of the Site and/or the Application ;
  • - Upload or deploy on the Site or otherwise implement any equipment, software or routine containing a virus, Trojan, worm, delayed action virus or other program or procedure intended to damage, interfere with, or otherwise attempt to interfere with the normal operations of the Site and/or the Application or take control of the Site and/or the Application, or make use of any method to overload the Site systems, or violate third-party rights.

It will be noted that Articles 323-1 et seq. of the French Penal Code impose sanctions of up to five (5) year’s of imprisonment and 75,000 Euros in fines, in particular for :

  • - Fraudulent access and conservation of data in an automated data processing system ;
  • - Deleting, modification or fraudulent upload of data into said system ;
  • - Obstruction of the system.

Article 5 – User Licence: Application

5.1 User Rights

Seeqle grants the User a personal, non-exclusive, non-transferable and non-licensable right to use the Application, anywhere in the world and for the entire duration in which the User’s account is active on the Site and/or the Application.

5.2 Restrictions

The User agrees to refrain, directly or indirectly, and commits to preventing others who may be required to use the Application (in particular his agents, partners or sub-contractors), without Seeqle’s express prior written agreement, from :

  1. Decompiling or disassembling the Application; performing reverse engineering or attempting to discover or reconstitute the source code, the concepts behind it, the algorithms, the file formats, or the programme or interoperability interfacing of the Application, in any manner whatsoever except as provided for by the rights granted in Article L. 122-6-1 of the French Intellectual Property Code. If the User wishes to obtain information enabling the Application’s interoperability with other software independently developed or acquired by the User for a use that is in conformity with the Application’s intended use, the User agrees, before calling upon the services of a third party, to prior consultation with Seeqle who will be able to provide all the necessary information to enable said interoperability. The total internal costs generated for Seeqle for providing this information will be invoiced by Seeqle to the User ;
  2. Correcting, either alone or with the assistance of a service provider, any errors that may occur in the Application in order to render it suitable for use. Seeqle reserves the sole right to carry out these operations, in conformity with Article L. 122-6-1 of the French Intellectual Property Code ;
  3. Deleting or modifying any reference or indication relative to Seeqle’s property rights or those of any third party ;
  4. Transferring, using or exporting the Application in violation of any applicable regulations ;
  5. Using the Application for any purpose other than that permitted by the terms of this contract ;
  6. Adapting, arranging, or modifying the Application in any way whatsoever; integrating or associating it with other software or creating composite tools or derivatives with any or all of the Application.

Article 6 – Protection of Personal Data

6.1 Collection of personal data

As part of its relations with the User, Seeqle is required to process, for its sole usage, the User’s personal data which the User (i) communicates to Seeqle at the time of his registration or (2) at a later date through the User’s Site profile.

Data required by Seeqle to access the Site and/or the Application and/or the Premium Service, is identified as personal at the time of the User’s registration and/or his subscription to the Premium Service, if applicable.

The Applicant recognizes and accepts that the personal data displayed on his Site profile may be communicated to any Recruiter who may be interested in the Applicant’s profile and/or to whom the Applicant wishes to send a job application.

Any installation and/or use of the Application requires the collection and processing of information about the type of device on which the Application is used.

Except at the User’s request or with the User’s express agreement, and in strict conformity with his instructions, Seeqle will never process any personal data other than as prescribed by the present Article 10 – « Protection of Personal Data ».

6.2 Use of personal data

The personal data collected by Seeqle is used for the following operations :

  • - Access to the Site and/or the Application, including consulting information which may be accessed ;
  • - Transmission of information from the Applicant’s profile to a Recruiter ;
  • - providing Premium Service features ;
  • - sharing promotional messages via the Site ;
  • - sending informational e-mails about products or services that are similar to those offered by Seeqle ;
  • - sending e-mail messages, bulletins or informational letters from Seeqle ;
  • - and any other use that allows for improvement in the operations of the Site, the Application and/or any other service provided by Seeqle.

6.3 Your rights

Any personal data that you communicate to Seeqle is considered strictly confidential.

This data is required for you to be able to use the Site, and/or the Application, and/or any Premium Services.

The User has the right of access, correction, and suppression as well as opposition with respect to how Seeqle handles his personal data. To exercise any of his rights, the User can simply use the account management tool at his disposal or contact Seeqle directly at hello@seeqle.com, and indicate his last and first names and his e-mail address. The User can access his personal data at any time to update it or delete his account and the corresponding personal data, by using his user ID and password.

In conformity with law

6.4 Data storage

The User data collected is stored for the duration of the contractual relations between the User and Seeqle.

Unless otherwise expressly stipulated in these Terms and Conditions, closing the User account will lead to the suppression of all personal data allowing for the User to be identified with the exception of information Seeqle is legally required to conserve (e.g. invoices and content authors).

Under the conditions of subscription to, payment for and use of the Premium Services, Seeqle may conserve User-related data beyond the closure of the User’s personal account, in particular to respect Seeqle’s legal obligations relative to payments received and/or in order to provide evidence that may be required for the legal duration of the decennial regulation.

6.5 Data users

Under specific circumstances, Seeqle may be required to disclose your personal data, if requested by judicial authorities.

Your personal data and in particular your e-mail addresses, will never be rented, sold, exchanged or shared with other service providers without your express agreement to receive promotional offers from other companies that may be of interest to you.

6.6 Cookies

The Site uses cookies so that Users will not have to enter their user IDs and passwords every time they visit, thus facilitating communication. Each User has the option to refuse cookies by changing his browser settings.

6.7 Statistical use of anonymous data

In the course of their activity, Seeqle collects, processes and stores statistical data related to the use of the Site and/or the Application and to User activity.

This usage data, which may be disclosed to third parties, is anonymous and does not allow the Users to be identified, even indirectly.

Article 7 – Alert Procedure

Pursuant to Article 6.I.7 of Law 2004-575 of June 21 2004, Seeqle is not bound by a general obligation to monitor the information stored on the Site.

In the event that the User notices that content uploaded to the Site and/or the Application, and/or made available via a hyperlink, violates any applicable laws and regulations, and in particular is content of a clearly illicit nature (e.g. defamatory, disparaging or violating intellectual property rights), the User may inform Seeqle by e-mail via the contact form available on the Site or via the flagging tool available on his profile page.

The User shall provide Seeqle with all information necessary to allow Seeqle to identify the content in question and/or to inform the editor or the administrator of the Internet site on which the content is displayed, such as :

  • - his last name, first name, profession, home address, nationality, date and place of birth (if he is a person) or his legal status, name, headquarters and legal representative (if he is a company) ;
  • - a description of the alleged content and its exact location ;
  • - the reasons for which the content must be removed, including any mention of legal and factual references.

Article 8 – Intellectual Property

The Site and/or Application are owned exclusively by Seeqle. Seeqle grants the User the free, personal, non-exclusive and non-transferable right to access and use the Site within the limits of the general Terms and Conditions. Any content that is not uploaded by the User, in particular any data, function, text, name, designation, image, photograph, graphic image, brand, and sound, is the exclusive property of Seeqle and its license holders. The general Terms and Conditions shall in no way be interpreted as a transfer of any rights by Seeqle. None of the abovementioned elements shall be downloaded, copied, modified, deleted, transmitted, spread, sold, rented, conceded or otherwise used an any way whatsoever without the express prior written agreement of Seeqle or its license holders.

It is expressly forbidden to extract by permanent or temporary transfer of all or of a qualitatively or quantitatively substantial part of the content of the Sote database to another media, by any means or in any form whatsoever.

Article 9 – Cancellation

The User may cancel his account by logging in to the Site and/or the Application and using the cancellation feature available on his personal profile.

Seeqle reserves the right to (i) place the User on an exclusion list, (ii) suspend access to the Service or to certain Site features, or (iii) automatically cancel the User’s account, with no prior notification or other formality and with no compensation, either by e-mail or letter, in the following cases :

  • - User use of the Site and/or Application that is contrary to public order or public decency ;
  • - User violation of Seeqle’s intellectual property rights and/or those of any third party ;
  • - User’s loss, theft or unauthorized or fraudulent use of his user ID and password ;
  • - Making available, on the Site and/or the Application, any content that is illicit or in violation of the Terms and Conditions ;
  • - Any failure on the User’s part to respect his obligations under these Terms and Conditions.

Seeqle reserves the right at all times to suspend, temporarily or definitively, access to the Site and/or the Application. In case of definitive suspension, the User will be informed by any means deemed appropriate by Seeqle. In case of interruption in Premium Service, Seeqle will do its best to continue to provide Premium Service for the duration of the previous agreement with the User or to reimburse him the amounts already paid for the Premium Service, in proportion to the Premium Services he will have already received.

Seeqle will in no way be held responsible vis-à-vis the User or with respect to any third party for cancellation and/or suspension of the User’s account that may be carried out under the terms of the present article.

The User is hereby informed, accepts and recognizes that Seeqle has the possibility of conserving his data for one (1) year from the date of cancellation of his account. This duration may be increased to allow Seeqle to respect any obligations with regard to applicable law.

In case of cancellation of his account, the User will no longer be able to use the Site from his profile, which will be closed.

Article 10 – Guarantee – Responsibility

Seeqle expressly excludes any guarantee with respect to Recruiters. In particular, Seeqle provides the Application “as is” and excludes any guarantee related to the Application, notably any guarantee of conformity, eviction, compatibility, or suitability to the Recruiter’s needs or environment. Seeqle does not guarantee the absence of any defects and consequently does not guarantee that the use of the Site and/or Application will remain continuous and error-free. The Recruiter accepts that the licence defined in the Contract is granted to him at his own risk. The Recruiter recognizes in particular that the Internet transmissions are not secured and may be delayed, lost, intercepted, or corrupted and that the transmission of confidential information via Internet is carried out by the User at his own risk.

The Recruiter recognizes that the Site and/or the Application is (are) supplied « as is » and that as such he shall in no way hold Seeqle responsible for any direct or indirect damages (e.g. negative consequences of delays or anticipated departures…), for whatever reason, that he may incur due to his use of the Site, and thus renounces any claim for compensation. If Seeqle should be the object of a fine, for whatever reason, the Parties expressly agree that the amount of said fine shall not be greater than one hundred Euros (€100), which the Parties hereby agree on as fair compensation with respect to their respective commitments under these Terms and Conditions.

In any event, the Recruiter may not hold Seeqle responsible for any failure with respect to the present Terms and Conditions, beyond one (1) year after the failure in question. The Recruiter expressly recognizes and accepts this condition.

Article 11 – Miscellaneous

11.1 Modification of the General Terms and Conditions

Seeqle reserves the right to modify the general Terms and Conditions of use and of sale as deemed necessary and useful.

In case of modification of the Terms and Conditions, Seeqle agrees to request that the User consent to the new Terms and Conditions of use and of sale at the User’s next login to the Site and/or the Application.

The new terms will also be available for access via the User’s personal profile as well as on the Site and/or Application.

Any User who has not expressly consented to the new Terms and Conditions will be refused access to the Site and/or the Application.

11.2 Force Majeure

Neither of the Parties will be held in any way responsible should the execution of their obligations be delayed, restricted or rendered impossible due to cases of force majeure, as legally defined, or to any fortuitous occurrence (hereafter referred to as « Force Majeure »).

The following situations, among others, are considered as Force Majeure: authoritarian interference, war (declared or not), terrorism, invasion, rebellion, boycott, sabotage, and vandalism; partial or full strike not related to either of the Parties; social conflicts not related to either of the Parties, civil unrest, weather conditions, natural catastrophe, fire, epidemic, interruption of transport or supply in particular related to energy, interruption of electrical power supply, heating, air conditioning, telecommunications networks, data transport and satellite failure.

In the event of Force Majeure, the execution each Party’s obligations is suspended.

11.3 Waiver

The fact that one or the other Party does not exercise any of its rights under the present Terms and Conditions will in no way be considered a waiver of that part of their rights, as such a waiver is only possible with the express declaration of the concerned party.

11.4 Convention of proof

The digital records will be maintained in Seeqle’s computer systems under reasonable security conditions and will be considered as proof of communications, orders and payments made on the Site or by e-mail.

11.5 Relations between the Parties

Unless expressly stated otherwise, none of the provisions of the Terms and Conditions will in any way be interpreted as establishing any association, company, commercial agency or mandate between the Parties. In particular, Seeqle will in no way be considered as a commercial agent or publicity manager acting on behalf of the User.

11.6 Partial invalidity

In the event that one or more provisions in the Contract is considered as invalid by competent legal authorities, the other clauses will retain their scope and effect.

The provision that is considered invalid will be replaced by a provision whose meaning and scope are as close as possible to the invalidated clause, while respecting applicable legislation and the common intent of the Parties.

Article 12 – Applicable Law

The present Terms and Conditions are regulated by French law.

Unless the User is considered a consumer pursuant to the preliminary article of the French consumer code, any dispute related to the conclusion, interpretation, execution and/or cancellation of the Terms and Conditions will be the exclusive jurisdiction of the courts in Paris, regardless of the nature of the proceedings and including in the event of multiple defendants.

* Article L136-1 of the French Consumer Code

The service provider informs the consumer in writing, by nominal letter or dedicated electronic mail, at the earliest three months and at the latest one month before the end of the period in which renewal may be refused, of the option to not renew the contract he has agreed to with a clause of tacit renewal. This information, provided in clear and understandable terms, indicates, in a visible box, the deadline for cancellation.

When this information has not been provided pursuant to the provisions set forth in the first paragraph, the consumer may terminate the contract, free of charge and at any time after the renewal date. Any payments made after the final renewal deadline or, in the case of unlimited term contracts, after the date on which the initial limited term contract was amended, will in this case be reimbursed within thirty days from the date of cancellation, net of any amounts related to the execution of the contract up to that date. Failure to reimburse under the abovementioned conditions will result in the default application of interest on the amounts due, at the current legal rate.

The provisions of the present article apply without prejudice to those which legally subject certain contracts to special regulations concerning consumer information.

The three paragraphs above do not apply to agencies that supply drinking water and sewage management. They are applicable to consumers and to non-professionals.

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