The present general sales conditions (hereinafter referred to as GSC) define the conditions for access and use of Applywith services, the rights and obligations of the TEKOWAY Company, publisher of the service and of the user. They combine with the general conditions of service use (GCSU), applicable to the service user.
Applywith is a service based on a software solution, proposed by the TEKOWAY Company, simplified joint stock company, registered in the Register of Commerce and Companies of Marseille under the number 793 778 770, with the authorized capital stock of Euros 7,000, whose registered office is at 51 Avenue André Roussin, 13016 Marseille, represented by its acting President. This service aims to provide the customers, individuals or legal entities with software designed as a Widget. This widget is presented in the shape of a button, called Applywith, allowing through one-click to synthesize the data submitted by the user on a social network such as LINKEDIN, VIADEO, MONSTER, DoYouBuzz, XING or INDEED, in order to apply for a job or internship offered by the person using the Applywith solution.
The customer or subscriber or recruiter: Means any person, physical or legal entity, having legal capacity and having signed a contract that allows to use to its advantage the service edited by TEKOWAY Company, called Applywith.
The widget or button or plugin or “Applywith Application”: means the software solution proposed by the TEKOWAY Company integrated by its customers to their internet website, administrable and allowing the user to distribute the data it has previously indicated on one of the social networks to apply for a job or internship.
The user or applicant: means any individual, using the Applywith button to distribute in a synthetic way and to organize the data it has indicated on the social networks.
An Applywith: designates the transmission of a profile (identified by his email address), applying to a job offer published by a client via the application, through a particular social network and on a given calendar day.
The site: internet site published by the company TEKOWAY at the address: www.applywith.io.
Social networks: restrictively means the following platforms: LINKEDIN, VIADEO, MONSTER, DOYOUBUZZ, XING or INDEED.
The General Conditions of Service Use (GCSU): means in the present document that the terms must be accepted by the user. This acceptance is done by simply clicking on the button.The General Sale Conditions (GSC): means in the present document that the terms must be accepted by the customer. This acceptance is done by the acceptance of the contract and payment of fees.
On January 1st, 2016 these are the general sale conditions of services directly commercialized by TEKOWAY on its site, namely the supply of Applywith service described below.They are applicable to the exclusion of all other conditions.However, they may be subject to changes in the conditions described below. The applicable conditions are then those in force on the site at the time of the customer’s order. As a result, the customers are invited to come to consult them regularly in order to keep informed of the developments.
DESCRIPTION OF Applywith SERVICE
CONTENT OF THE SERVICE
This service aims to provide the customers, individuals or legal entities, acting in a professional capacity, the software, designed in a shape of a Widget. This widget is a customizable and configurable button, called Applywith, allowing through one-click to synthesize the data submitted by the user on a social network such as LINKEDIN, VIADEO, MONSTER, DOYOUBUZZ, XING or INDEED, in order to apply for a job or internship proposed by the recruiting client with the Applywith solution.
The list of social networks above is not exhaustive and could be changed at any time.
The customer also has an administration console, consisting of a dashboard showing different information. It includes:
– Configuration of the widget;
– Alerts management via email;
– Applywith widget usage statistics;
– The list of candidates with the CVs of candidates generated by the application, accompanied by a number of data (name, surname, e-mail, phone number … etc.
– Other consultable features in the Administration Console
To subscribe to the service, the customer must proceed to create an account, by simple information of his email and password in the space provided for this purpose.
It is hereby specified that these elements are confidential. The customer will be responsible for the consequences of using his account, up to its deactivation. The use is personal and cannot be delegated.
Furthermore, information will be requested from the customer to continue its registration (title, name, surname, year of birth, email address, postal code, company name, activity field … etc.). The customer agrees to provide true and sincere information and to inform TEKOWAY of any changes to those. The communication of incorrect, false or obsolete information engages the customer’s responsibility.
The refusal of information by the account holder of such information prevents the validation of the account and therefore the implementation of the service.
Once it has provided the requested information, the customer clicks on “I have read the General Sale Conditions of the site: www.applywith.io above and I accept them.”
sETTING THE SOLUTION
The software solution proposed by TEKOWAY is configurable by the customer. The Administration Console allows to him to integrate the button on any page of candidacy announcements on which the recruiter wants to integrate the Applywith widget in order to offer to its visitors to apply through this solution.
Moreover, the setting allows to select the editorial information such as the color of the button, the Recruiter logo integration on the downloaded data,… etc.The customer also chose the social network/s or with whom he wishes that his button interact. As such, the customer is solely responsible for the choice of social networks with which he wants that the users could on his button apply for a job offers.
In general terms, the solution is widely configurable, in an easy way, following the information contained in the administration console. The solution can be installed only on the unique domain declared when creating the account.
MODIFICATION OF SERVICES
TEKOWAY reserves the right to provide to its services all changes and improvements deemed necessary or useful and the company will not be liable for damages of any nature resulting from this fact.
Moreover, TEKOWAY reserves the right, without notice or compensation, finalizing definitively the service or the set of services offered by the company on the Site and will not be liable for damages of any nature resulting from this fact.
The services are normally accessible by the customer round the clock, 7 days off 7 and throughout the year.
TEKOWAY nevertheless reserves the right, without notice or compensation, to temporarily close the access and will not be liable for damages of any nature resulting from this fact.
The exchanges on the site and in the application are encrypted on SSL format.
For payment, TEKOWAY has opted for a secure system provided by the company STRIPE (www.stripe.com) meeting the PCI DSS standard which encrypts information in order to protect all data related to the personal information and payment means.
The solution Applywith being proposed exclusively for the professionals, the prices are displayed without VAT.However, at the time of payment, the listed prices take into account the VAT applicable in France at the date of the order and any change in the VAT applicable rate will be automatically reflected in the price.
For foreign customers, the payment is without VAT, according to the legislation in force.The payment of the full price is made when the order was placed.
The communication costs related to the use of services offered by TEKOWAY remain in the customer liability.
The customer is proposed to choose a pricing plan among those proposed by TEKOWAY. They are available at the following address: www.applywith.io/pricing/. These tariffs, regularly updated, are susceptible to change. These are opposable to the customers.
The plan is billed monthly, in advance and is automatically renewed, on monthly basis, at the anniversary date of the contract. The plan includes a determined number of “Apply” as defined in Article 1 hereof.
The Apply counting is functioning in the following manner: an Apply corresponds to the postulation of a user (identified by his email address), transmitting a profile of a particular social network (LinkedIn, Xing, or other), on a given day.
Accordingly, a repeated transmission, including these three data (the user identity, the determined social network and the days) does not lead to the new counting of Apply. However, a new transmission, either from a different email, or from a different social network or in another day leads to the counting of Apply.
The customer can change its package, upward or downward, in different conditions.
When the client has chosen to alter his package on upward, with the adoption of a larger package, he immediately enjoys the higher performance and adjusts the amount corresponding to the upper package, in proportion to the period between the date chosen for the tariff increasing and the anniversary date of the contract. The customer is committed to this upper package for the next monthly period.
When the customer chose to modify his contract on downward, with the adoption of a smaller package, or free of charge, this change of contract can apply only as per the month following the period during which the change was decided.
The received Apply beyond the limit of the selected package is not accessible. If the volume of the received nominations exceeds the package selected by the customer, the last can:
– not to access the nominations by the overflowing when the detail is overshadowed by the application;
– either to access the nominations by the overflowing through the time purchase (without recurrent commitment) of the volume in question or by a change of the tariff plan upward that covers the concerned volume.
The only accepted payment method is the credit card.
Unless otherwise expressly provided, the data recorded by TEKOWAY under the shape of computer logs constitute the evidence of all of transactions made between TEKOWAY and its customers.
The history of transactions between the customer and TEKOWAY is available at any time on the Website in the column “MY ACCOUNT”, “ORDERS” (History of the tariff changes). TO COMPLETE AND / OR TO CHANGE.
The service offered by the Company TEKOWAY through the plugin Applywith is a service called “one-click”. Therefore, the user should be aware that by clicking on the social network of its choice, he automatically distributes the personal data that there are found at the owner of the site on which the button was implemented.
As such, the user is aware that the data are compiled as follows:
– Title of position with integration of the advertiser’s logo;
– Surname, given name contact information;
– Presentation of the training, qualifications, experience.
– Integration of secondary information.
OBLIGATIONS OF THE CUSTOMER
USE OF THE Applywith SOLUTION
The customer agrees to use the application exclusively for the purpose for which it was created namely the recruitment of the personnel/staff. No other use is permitted.
The use of the application for other purposes will result in automatic termination.
USE OF DATA
The customer is solely responsible for the data collection through the use of the application. Consequently, he ought to make the necessary in order to declare the processing of data within the National Computer and Freedom Board (NCFB). The customer also undertakes to comply with the data collection purpose, namely recruitment.
ACCEPTANCE OF USE CONDITIONS OF CONNECTED SOCIAL NETWORKS
The Applywith widget is connected to the social networks. This specificity, which makes its appeal, means that the customer accepts the mode of operation of each of the social networks. Consequently, the customer cannot blame the TEKOWAY. A possible change of the positioning, presentation, nature of the collected information views the removing of access to its data.
To the extent that the user must already hold an account on a social network, it has already agreed to the general terms and conditions of use of one or more social networks mentioned above. However, the user agrees, in the context of the use of Applywith button also to respect the general terms and conditions of use of each of the social networks.
OBLIGATIONS OF THE COMPANY TEKOWAY
OBLIGATIONS OF THE COMPANY TEKOWAY RELATED TO THE USER
TEKOWAY puts at the disposal of advertiser, via the Applywith product, a dashboard, summarizing the advertising campaigns and CV transmitted in PDF format.The TEKOWAY obligations are limited related to the application user to transmit the information compiled from the profile of the respective social network. The data, if available, such as e-mail and telephone numbers are transmitted by workable way.
OBLIGATIONS OF THE COMPANY TEKOWAY RELATED TO THE CUSTOMER
TEKOWAY is committed to implement its entire means to enable the transmission of data mentioned by the user in one or the other social networks, in the most workable way for the customer. However, TEKOWAY is subject to the potential changes in presentation, collection, and general policy of the corresponding social networks. Consequently, the company cannot be held liable for any possible alteration, both in quality and quantity of the data given by the user.
PERSONAL DATA OBSERVANCE
The personal data about the user and the client, collected by TEKOWAY are treated as part of the execution of the present in accordance with the provisions of the Law No. 8-17 of January 6th, 1978 amended by Law No. 2004 -801 of August 6th, 2004. Thus, any Member has a right of access, rectification and opposition to the processing of the concerned personal data through the sending a letter to the Operator – Company TEKOWAY, 51 Avenue André Roussin, 13016 MARSEILLE – France, accompanied by a photocopy of his identity card.
The specific processing of the data collected via the application is the subject of the declaration within the National Commission on Informatics and Liberty (CNIL) under the number 1905570 v 0.
In no case the personal data of the members will not be transferred or sold to the third parties, excepting the client for which the user is requesting the Applywith.
TEKOWAY automatically collects the information related to the customer through the cookies that allow tracking its navigation within the site. The cookies are the alphanumeric identifiers transferred to the hard disk of the customer’s computer via the internet browser and that allow to TEKOWAY to recognize this browser and so to offer to the customers the most innovative and attractive functions.
The column “LEGAL MENTIONS” of the Site indicates the means to oppose to the registration of cookies.
GENERAL LIABILITY OF CUSTOMER
The customer acknowledges having knowledge of the constraints and limitations of the Internet. In these conditions:TEKOWAY will in no event be liable of the speeds to the Site access or to Applywith widgets from other websites, of the opening speeds and consultation of the Site pages, of the download speeds of recordings, of external downturns, of suspension or inaccessibility of its services, of the fraudulent use by the third parties of any information made available on the Site.It is the customer liability, as a network user, to protect its technical equipment especially against any form of contamination by viruses and / or the attempts to intrusion, TEKOWAY can in no way be held responsible for this.
The customer is the sole responsible for the installation, operation and maintenance of technical equipment necessary to access the Site. In no event TEKOWAY cannot be held responsible if the service offered by the site is incompatible or presents dysfunctions with certain software, configurations, operating systems or customer’s equipment.
The responsibility of TEKOWAY for failure to perform its obligation of deliverance will be limited to the price of the order.
The customer is solely responsible for his use of the services and the TEKOWAY cannot hold responsible for any claims and / or proceedings made against the company. He is engaged to make his personal business against any claims and / or proceedings brought against TEKOWAY which would relate to the use of its services.Finally, the TEKOWAY responsibility will not be engaged in case of non-compliance with the legislation of a foreign country.
The hyperlinks may link to other sites. The TEKOWAY responsibility will not be incurred in the case if the content of such other sites would violate the rights of third parties, and more generally with the legal or regulatory provisions in force.
USE OF DATA USERS
In accordance with Article 8.2 of these General Sale Conditions, the customer must respect the purposes of the personal data collection. He remains the solely responsible for the use of the collected data.
EXONERATIVE LIABILITY CLAUSE OF THE COMPANY TEKOWAY
The Company TEKOWAY makes every effort to facilitate the dissemination by the user of its data to the company from which it wishes to apply. However, for the user it is a free service that cannot give rise to any billing. Therefore, even if the Company TEKOWAY makes every effort to properly disseminate the user’s data, she cannot be responsible for any possible failure, malfunction or bug which, outside of its control, could prevent the dissemination of such information.
CUSTOMER ACCOUNT DEACTIVATION
TEKOWAY reserves the right to turn off automatically without notice or compensation, the customer’s account in the following cases:
– Non-observance by the customer of the general sale conditions and / or general terms and conditions of use,
– Non-payment by the customer of the due amounts,
– Acts contrary to the interests of TEKOWAY.
The customers wishing to disable their account should so inform the TEKOWAY via an email addressed to TEKOWAY email@example.com.
SETTLEMENT OF DISPUTES
The use of Applywith service is governed by the French law.
All disputes arising from the use of Applywith service or in relation thereto shall be subject to the exclusive jurisdiction of French courts and specifically to the Commercial Court of Marseille.