General terms and conditions of use
A French simplified joint stock company (Société par actions simplifiée), whose headquarters are located at 95 Avenue du Président Wilson, CS 5003-93108, Montreuil, and is registered at the Bobigny Trade and Companies Registry under number 842 888 265, with the following intra-community VAT number: FR34842888265 (hereinafter referred to as "Next Station" or the "Company").
The Company runs a platform, via the website www.nextstation.com, accessible in Germany, Andorra, Austria, Belgium, Spain, France, Luxembourg and Switzerland, that businesses can use to connect with job applicants with the view to sign employment contracts.
It is specified that for present purposes, "businesses" means private companies registered in France or legally incorporated in one of the aforementioned countries where the website is available, industrial and commercial public institutions, associations and other non-for-profit entities with legal personality, independent professions, the self-employed who declare themselves as such and acting exclusively for their professional needs and, in general, any person with a SIREN number or company identification number for companies incorporated in one of the countries where the website is available.
The purpose of the present General Terms and Conditions of Use (hereinafter referred to as the "Terms") is to describe how the website functions and the rights and obligations of its users.
By accessing and consulting the website, Users unreservedly accept the present Terms.
In addition, the use of the services offered by Next Station via the Website implies unreserved acceptance of the present Terms.
Next Station reserves the right to update and change the present Terms at any moment. Users are therefore invited to consult these at each visit.
Under the present General Terms and Conditions of Use, the terms below have the following meaning:
"Candidate(s)": means any job seeker who has opened an account on the Website in order to define his/her individual profile to specify his/her diplomas, professional experience and expectations in the context of his/her job search, etc.
"Account" means the interface hosted on the Website in which all the data provided by a User Company or Candidate is grouped and gives them access to the Services. Depending who holds the Account, this shall be hereinafter referred to as either "Company Account" or "Candidate Account".
"Contents": means all data uploaded, transmitted or submitted by Users via the Services and Website.
"User Company": means any company that has created a Company Account.
"Login Details": means the email address and password chosen by a Member in order to identify themselves and access the account they have created. These login details are to be used exclusively by the account holder, who is solely responsible for them. Members must immediately inform Next Station should they lose their login details via the Website so that they can be modified. Next Station accepts no responsibility for the loss or misuse of a Member's login details.
"Member(s)": means a User who has created a Company Account or Candidate Account.
"Job Opening(s)": means a search or searches for candidates posted by User Companies in order to find one or more Candidates to meet their recruitment needs. If a User Company requires several candidates, they will post as many Job Openings as there are positions to fill.
"Services": means all of the functions offered by Next Station via the Website.
"Website": means the online service provided by Next Station at www.nextstation.com containing all of the hosted web pages and services offered to Users. The website www.nextstation.com can be accessed in Andorra, Austria, Belgium, France, Germany, Luxembourg, Spain and Switzerland.
"User": means any person who accesses and navigates the Website including User Companies, Candidates and more generally, any internet user that accesses the Website. The services provided by the Website can be accessed: (i) by any natural person with full legal capacity to commit to the present Terms. Any natural person without the full legal capacity to possess rights and be bound by obligations may not access the Website and Services without the consent of their legal representative. (ii) by any legal entity acting through a natural person with the legal capacity to contract on behalf and in the name of that legal entity.
2. Next Station'S INTERMEDIARY ROLE
Next Station acts solely as an intermediary to facilitate contact between User Companies and Candidates for the purpose of concluding employment contracts. As such, Next Station has no control over the conclusion of contracts that may be made between User Companies and Candidate. The terms of these contracts are directly and freely negotiated between the User Company and Candidate.
The work and pay conditions for the position for which a User Company has created a Job Opening, as well as the terms of the User Company and Candidate's liability shall be established under the contractual relationship formed between the User Company and Candidate, with no intervention from Next Station.
3. ACCESS TO SERVICES
The User hereby acknowledges that he/she has the necessary means and skills to use the Website.
The User is responsible for any equipment needed to access and use the Website, including any telecommunication costs incurred by their use.
Users may access the Website and consult pages that do not require the opening of a Company Account or Candidate Account (home page, articles, etc.).
However, Users must create a Company Account or Candidate Account in order to connect with User Companies or Candidates.
3.1. Creating an Account
Users must create an Account if they wish to us the Services to connecting User Companies with Candidates with the view to conclude an employment contract.
The following information must be given prior to the creation of an account:
For a Company Account: the company's name, the first and last name of its representative and login details (contact email address and password);
For a Candidate Account: first and last name, login details (email address and password). Members remain solely liable for all information given to create an Account. They may modify any information given on the Website.
In addition, Next Station reserves the discretionary right to refuse the creation of an Account where this could harm Next Station's image, without Next Station being held responsible for this refusal in any way whatsoever.
Members may close their Account at any time via the Website.
Next Station will promptly disable the Account and send the Member an email to confirm the closure of the Account and permanent erasure of data related to the Member on the Website.
4. USER PREROGATIVES
4.1. Features available to all Users
All Users can access the Website free of charge, as well as the following features:
Access, via specific tabs on the Website, to articles or fact sheets about destinations (country, city) where Candidates may perform an employment contract they sign after being put into contact with a User Company;
Access, via a specific tab on the Website, to advice on how to find employment, for instance on how to write their résumé or information about expatriation.
The creation of an Account free of charge in order to access the service connecting User Companies and Candidate
4.2. Features only available to Account holders
By creating an Account, Members gain access to features only available to Members of their category (User Company or Candidate).
4.2.1. Features only available to User Companies
**Access to the creation of a User Company profile **
User Companies must provide various details in order to create a profile, including but not limited to:
The company SIREN number or identification number,
Intra-community VAT number, if applicable,
Contact information (headquarters, email, telephone, etc.),
Presentation of the company (year created, payroll, activities, etc.).
Access to the creation of a Job Opening
User Companies can advertise a Job Opening after accepting the General Terms and Conditions of Service and Specific Terms and Conditions of Service. To do so, they must provide information about the type of candidate sought after (skills, education and professional experience required, languages spoken, where the employment contract is to be performed and in which market, proposed remuneration, preferred start date, etc.).
Monitoring Job Openings
User Companies can access their Job Openings history and monitor these via their Account.
Access to the Website's internal messaging service
Access to the Websites' internal messaging service allows User Companies to communicate with Candidates and Next Station.
4.2.2. Features available to Users of a Candidate Account
Access to the creation of a Candidate profile
Candidates can create a profile by providing:
His/her contact details (postal address, telephone, email, LinkedIn details, etc.),
His/her résumé (education, professional experience, languages spoken, etc.),
A presentational video,
Position sought after,
Type of contract sought after (fixed term or open-ended, temporary, shift work, etc.),
Preferred mobility (place of work or tasks assigned),
Availability (date able to start position),
After checking the information they have entered and validated the creation of their Candidate Account, Candidates are incorporated into Next Station's database and can, as such, be shortlisted to be put into contact with a User Company if their profile matches a Job Opening.
Access to the Website's internal messaging service
Access to the Websites' internal messaging service allows Candidates to communicate with User Companies and Next Station.
5. DESCRIPTION OF SERVICE CONNECTING USER COMPANIES WITH CANDIDATES
5.1. List of shortlisted Candidates sent to User Companies for a Job Opening
When a User Company creates a Job Opening, Next Station shall take due care to use its best efforts to send the User Company a shortlist of suitable Candidates based on the criteria set by the Job Opening. As such, the User Company is given access to the profiles of the shortlisted Candidates.
The User Company undertakes to use the information received and that appears on the Candidate profile in compliance with the Website's General Terms and Conditions, the General Terms and Conditions of Service and in general all existing laws and rules as well as personal data protection regulations. The User Company shall not disclose information obtained this way to third parties.
The User Company undertakes to take all necessary measures to protect data related to Candidates, in particular against the theft, misuse, unauthorised access, advertisement, alternation or destruction of this data.
Information related to Candidates may not be used under any circumstances:
for any other purpose than of a company looking to hire staff,
to look for or contact Candidates with the view to hire them outside of the framework defined by the present Terms.
5.2. User Company's choice of one or several shortlisted Candidates to be connected
The User Company may select one or several of the Candidates from the list provided by Next Station in order to meet them as part of their recruitment process.
5.3. Notification of Candidates of the User Company's choice and connecting the two parties
Next Station shall inform the Candidate that he/she has been selected by the User Company and ask whether he/she consents to being put into contact with the said User Company. Next Station shall also inform the Candidate that he/she can view the User Company's profile at this stage.
The Candidate can accept to be put into contact with the User Company directly via the Website.
If the Candidate accepts to be put into contact with the User Company, Next Station shall send the Candidate and User Company a message inviting them to meet and provide their contact details for this purpose.
If the User Company and Candidate conclude an employment contact after being put into contact, either one shall inform Next Station as appropriate.
6. PROMOTIONS POLICY
In order to make the Website more appealing, Next Station reserves the right to offer rewards to certain User Companies or Candidates based on criteria freely established by Next Station in advance.
7.1. Users' Obligations
As part of their use of the Website, each User shall undertake to not disturb public order, to comply with existing laws and regulations, and to respect the rights of third parties and the provisions of the present Terms.
Each User has the obligation to:
behave fairly towards Next Station, other Users and third parties;
be honest and truthful when providing information to Next Station and, where applicable, to other Users;
not publish any Content that is discriminatory, a breach of moral standards or constitutes a criminal offence;
use the Website in compliance with its purposes as stipulated by the present Terms;
not misconstrue the purpose of the Website to commit a crime, offence or infraction forbidden by the French Criminal Code (Code pénal) or any other law;
respect the privacy of third parties and confidentiality of information shared;
not use the Website to send unsolicited messages on mass (advertising or other);
not disseminate data that could degrade, disrupt, slow down or interrupt the normal functioning of the Website;
in compliance with the legal and regulatory provisions in force and with the French Law on the Freedom of the Press of 29 July, 1881, the User undertakes to not send any message or information:
- that constitutes the intentional denigration of Next Station or other Users;
- is contrary to public order and moral standards;
- is offensive, defamatory, racist, xenophobic, revisionist or harmful to the honour or reputation of others;
- that incites the discrimination or hatred of a person or group of persons on the grounds of their origin or their belonging or non-belonging to a particular ethnic group, nation, race or religion;
- is threatening to a person or group of persons;
- that contains paedophilia content;
- that incites an offence, crime or act of terrorism or that condones or approves of a war crime or a crime against humanity;
- that incites suicide;
- that allows third parties to directly or indirectly acquire pirated software, software serial numbers, softwares that allow piracy and intrusion of computer and telecommunications systems, viruses and other software bugs and in general any software tool or other that harms the rights of others and the safety of people and property.
7.2. Next Station's obligations
The Parties hereby agree that Next Station, as a mere intermediary, is subject to a general obligation of means and is not liable by an obligation of performance or of enhanced means of any kind.
Next Station undertakes to use all of its means to have the Website and its features available 24/7, except in the event of force majeure beyond Next Station's control and subject to breakdowns or maintenance required for the Website to run properly.
However, Next Station may not be held liable for any disruptions, interruptions or malfunctions that it has not caused and that could impact transmissions over the Internet and more generally by the communications network, regardless of their size or duration.
It is specified that Next Station reserves the right to temporarily interrupt access to the Website or suspend all of part of the Services for maintenance, upgrades or to install new features, for the performance audit or in the event of a malfunction or threat of malfunction.
As part of the use of the Site and Services, Next Station and Users may communicate by any means determined by Next Station (email, post, fax, SMS, phone call, etc.). Users may contact Next Station by email at: email@example.com
9. INTELLECTUAL PROPERTY
All the elements that make up the Website (texts, logos, software, photographs, images, videos, sounds, maps, names, logos, trademarks, various copyrightable works and creations, databases, etc.) as well as the Website itself, are governed by French and international laws on copyright and related rights. These elements are the exclusive property of Next Station, except the elements made external parties who have not assigned their copyright.
Any representation or reproduction, in whole or in part, of the Website and its content, by any process whatsoever, without Next Station's prior and express consent is prohibited and will constitute an infringement in accordance with the provisions of the French Intellectual Property Code.
In particular, Next Station explicitly prohibits:
The extraction, by permanent or temporary transfer, of all or a qualitatively or quantitatively substantial part of the contents of a database to another medium, by any means and in any form whatsoever;
The reuse, by all or a qualitatively or quantitatively substantial part of the contents of a database being made publicly available, whatever the form.
Next Station may only be held liable in the event of proven fault.
It is noted that Next Station remains a third party to any contract directly made between the User Company and the Candidate and therefore cannot be held liable under this contract.
In addition, under no circumstances may Next Station be held liable:
if access to the Website is temporarily blocked due to technical maintenance operations or for the updating of posted information. Users hereby acknowledge that Next Station may not be held liable for the malfunction or interruption of the networks or electronic devises of the Website's Users;
in the event of a viral attack;
in the event of abnormal or illegal use of the Website;
with respect to the content of third party websites opened by hyperlinks present on the Website;
in the event Users fail to comply with the present Terms;
in the event of a late or non-performance of its obligations where the delay or non-performance is related to a case of force majeure;
for a cause that cannot be imputed to Next Station;
in the event of an unlawful act by a User Company or Candidate, or a breach of contract found to have been caused by a User Company or Candidate.
In addition, due to the very nature of the Internet (the interconnection of a multitude of users independent of each other), it is impossible to guarantee the global running of networks in their entirety. Therefore, Next Station cannot be held liable for any harm whatsoever that it did not directly cause.
Under no circumstances may Next Station's liability be held, whatever the type of action brought, for any indirect damage of any kind, including but not limited to, financial or commercial damage, loss of earnings, business disruption, loss of profit, harm to a third party, or any action brought by a third part against the User, as well as the resulting effects, in relation to the present Terms or their execution. The User is solely liable for any direct or indirect, material or non-material damage, he/she causes to Next Station or third parties through his/her use of the Services.
The parties explicitly agree that the stipulations of the present clause shall continue to apply even in the event of the termination of these Terms by a final court ruling.
11. FORCE MAJEURE
Next Station may not be held liable, or deemed to have failed to comply with the present Terms, for any late or non-performance, should the delay or non-performance be related to a case of force majeure as defined by the case law of French courts, including the event of a hacker attack, the unavailability of equipment, supplies, spare parts, personal equipment or other; and the disruption, suspension, reduction or outage of power or any other disruptions to the electronic communication networks, as well as the occurrence of any event beyond Next Station's control that occurs after the conclusion of the Terms and that prevents these being performed under normal conditions.
It is specified that, in such a situation, the User may not claim payment for any damages and may not bring any action against Next Station.
12. PERSONAL DATA PROTECTION
For more information about the processing of your personal data, Next Station invites you to read its Personal Data Protection Policy.
All information that the User may provide Next Station when visiting the Site is strictly confidential. It is required to for the purposes of the processing such as connecting User Companies with Candidates as well as the commercial or contractual relations that Next Station may enter into with the User.
Next Station shall refrain from transferring personal data to third parties likely to use this data for commercial purposes and/or direct advertising, without the User's express consent.
Next Station may be required to temporarily and securely transfer to third parties (in particular to connect User Companies and Candidates, and to the Website host), certain personal data required to operate, run, and maintain the Site, in order to ensure, in particular, that emails that a User will have chosen to receive are sent, and/or to carry out tasks required to connect Users, to monitor these connections, to fight against fraud and more general any criminally objectionable act, and if necessary, to conduct satisfaction surveys, etc. In addition, Next Station may have to provide personal data to respond to a legal enforcement procedure.
To connect User Companies with Candidates requires the temporary and secure transfer of personal data from the Candidate to the User Company and from the User Company's representative to the Candidate.
In this case, Next Station shall limit the quantity of transferred personal data to the strict minimum required to connect Users of the Website in compliance with personal data regulations.
User Companies and Next Station's service providers (in particular the Website host) who may have access to Candidates' personal data, and, for the Website host, to Users' personal data in general, shall process this data in compliance with current data protection regulations.
As such, they are strictly prohibited from using, reusing and/or communicating personal data in any other manner. These recipients guarantee Users the security and strict confidentiality of any personal data sent to them temporarily and undertake to process this data in compliance with the provisions of the French Data Protection Act and Article 28 of the European General Data Protection Regulation 2016/679 of 27 April 2016. In particular, the aforementioned recipients of personal data undertake to not store such data beyond the time that is needed for their service.
In compliance with current regulations, you may exercise your right to access, rectify, erase, restrict the processing of and oppose your personal data and the right to data portability.
To exercise your rights with Next Station, you may send your request (indicating your email, first and last name, postal address and a copy of your ID) by email to: firstname.lastname@example.org.
You will be sent a reply within two months upon receipt of the request.
13. GENERAL PROVISIONS
The headings of articles in the present Terms are provided as reference only and do not hold any contractual value or special meaning in themselves.
The failure of one of the parties to pursue any remedy related to the failure of the other party to comply with any of its obligations or undertakings under the present Terms shall not constitute an irrevocable waiver of the right to pursue such remedy in respect of such failure or any subsequent failure to comply.
Should any of the provisions of these Terms be declared void in relation to any legislative or regulatory provision in force and/or any judicial decision having the force of res judicata, it shall be deemed unwritten but shall in no way affect the validity of the other provisions which shall remain fully applicable.
14. DISPUTES AND APPLICABLE LAW
THE PRESENT TERMS ARE GOVERNED BY FRENCH LAW.
In the event of a dispute between the parties concerning the validity, interpretation, performance or cancellation of the present Terms, the parties shall endeavour to settle this dispute amicably, if necessary by any means of alternative dispute settlement.
UPON FAILURE TO REACH AN AMICABLE SETTLEMENT, THE DISPUTE SHALL BE SUBJECT TO THE COMPETENT COURTS OF PARIS.