“VALUMEN” Terms & Conditions of Use

1.PURPOSE

The company VALUMEN GROUPE SAS, located at 102 avenue Edouard Vaillant in Boulogne-Billancourt (92100), registered in the Trade and Corporations Register of Nanterre under number 808 979 074 (hereinafter, “VALUMEN” or “the Company”) performs all operations involving the provision of services and advice in the fields of: management, training, IT, commercial engineering, marketing techniques, market, management, and organization studies, the assistance and support of companies in a start-up and/or restructuring phase, and the recruitment and training of all personnel.

To this end, it publishes a website offering a specific number of services and, in particular, the introduction of interim management applicants to corporate customers seeking to agree on assignments. The site is also comprised of an “applicant” space for managing the corporate, legal, administrative, and financial relationships of the latter with the company VALUMEN.
The purpose of these Terms & Conditions of Use (T&Cs) is to provide a framework for accessing and using the site, as well as to define the characteristics of the application services and the conditions of their use. Parties participating in use of the site are invited to closely examine them.
The T&Cs are a contract between a Customer, an interim management applicant, and the Company, which governs the use of the Site and determines the rights and obligations of the Parties.

2.DEFINITIONS

Herein,
“Applicant” refers to any person wishing to apply for an interim management assignment offer provided by a Customer, through the Company VALUMEN, and matching a description provided by the latter.
“T&Cs” refers to these Terms & Conditions of Use;
“Customer” refers to the legal person calling on the services of the Company VALUMEN as part of an applicant search for an interim management assignment;
“Account” refers to the account that users must create in order to become an Applicant or Customer and to access certain services offered by the Site;
“Special Conditions” refers to the part of the Contract corresponding to the commercial and financial negotiation between VALUMEN and a Customer;
“Contract” refers to the final contract established between an Applicant and a Customer through the Company VALUMEN;
“Data” refers to the data collected by the VALUMEN Site, which is necessary for the use hereof. The data collected is managed within the GDPR framework;
“Party” refers to the Company, an Applicant, or a Customer;
“Parties” refers to the Company, one or more Applicants, one or more Customers;
“Service” refers to the type of service offered by VALUMEN;
“GDPR” refers to the General Data Protection Regulation, which applies to the collection, analysis, and use of Data via the Site;
“VALUMEN Services (Application Services)” is intended to have the meaning ascribed to it in number 3, paragraph 2;
“Site” refers to the website at the address valumen.com, which belongs to the Company, as well as all its features, programs, and computer code, and all of the rights resulting therefrom on behalf of the Company;
“User” refers to any natural or legal person acting in their own name and on their own behalf or in the name and on the behalf of someone else, using the Site and/or the Application, for any purpose and in any manner whatsoever, particularly as part of their use of VALUMEN Services.

 

3.DESCRIPTION OF VALUMEN SERVICES

The Site is comprised of multiple modules, with the following features:
– General Services: allow Users to submit assignment offers or interim manager applications in various fields. The Company VALUMEN manages these offers, introduces the Parties, and performs all administrative, social, legal, and financial management of the contracts signed.
– Analytical and Advisory Application Services: these services are exclusively reserved for Customers and not provided to other Users. Once the data sent by an Applicant is collected and processed, they make it possible to provide analyses and solutions that meet the needs described and to generate a tailor-made interim management assignment based on the quantitative and qualitative needs determined.

 

4.REGISTRATION AND ACCOUNT CREATION

4.1. CONDITIONS FOR ACCESSING THE SITE

The site is accessed by opening an Account that, once the Company has verified the registration, provides the Users (Applicants or Customers) with the right to access and use the site.
In order to access the VALUMEN Services, the User must first be capable of having a digital device intended for this purpose (PC, smartphone, or tablet), which must fulfill the following conditions: (i) being connected to an online network (wired, 3G, 4G, 5G, Wi-Fi, GPRS, Edge, etc.) and (ii) using an official, up-to-date Windows, MacOs, Linux (PC), Android, or iOS (smartphone) operating system at the time of its use.
Subscription to and use of the Site and/or the Application is confirmed through a confirmation email sent to the Applicant or Customer upon their registration, to the address provided by the User.

4.2. CONDITIONS OF USING THE APPLICATION – PASSWORD MANAGEMENT

To benefit from the VALUMEN Services described in Article 3, the User must, in the eyes of the Company, apply and observe the conditions set out in 4.1 herein, have a valid email address, be at least 18 years of age, and be able to enter into contracts (in the case of the Applicant), and be a legal entity duly registered in the Trade and Corporations Register, up to date with their URSSAF contributions (in the case of the Customer).
In addition, the User must also create an account and fill out the mandatory fields provided for this purpose. The User acknowledges that they are solely responsible for their password and the way in which it is used, and they undertake to keep it secret, not share it with anyone, and not allow other people to use their account.
In the event that they forget their password, the User, in order to regain access to their “Applicant” or “Customer” profile, will contact the Company for the purposes of creating a new password either by email at  contact@valumen.com or by phone using +33 (0)6 47 98 19 38.

4.3. VERIFICATION

For the purposes of transparency, improving trust, or preventing and detecting fraud, VALUMEN may implement a verification system for some of the information that you provide on your profile. This is the case, in particular, when you enter your phone number or provide us with identity documents.

 

5.USE OF THE VALUMEN SERVICES

The VALUMEN Site and/or Application is designed to facilitate the transmission of information between an Applicant submitting an application and a Customer who has issued an assignment offer, and this for the purposes of agreeing upon an interim management assignment contract.
In addition to the provision of assignment offers, the VALUMEN Site and/or Application gives access to a number of practical and informational services regarding the Company VALUMEN’s organization and actions in favor of interim management.
The Applicant enjoys access to an “applicant profile,” allowing them to interact and communicate with the company VALUMEN’s HR and administrative services.
Users remain responsible for the content that they have provided, agreeing that VALUMEN cannot be held liable to this effect, and they undertake to comply with the present T&Cs.

 

6.LIABILITY OF THE PARTIES

6.1. COMMITMENT OF ALL SITE AND/OR APPLICATION USERS

You acknowledge that you are solely responsible for complying with all of the laws, regulations, and obligations which apply to your use of the Site and/or Application.
In addition, by using the Site and/or Application as well as throughout the duration of the Services, you undertake:

  • not to transmit to VALUMEN (particularly when creating or updating your Account) or to Customers any information that is false, misleading, dishonest, or fraudulent;
  • not to make any statements, behave in any way, or publish via the Site and/or Application any content that is defamatory, abusive, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist, xenophobic, that has sexual connotations, that incites hatred, violence, or discrimination, that encourages illegal substance use or activity, or, more generally, that conflicts with the purposes of the Application, that is likely to infringe upon the rights of VALUMEN or those of a third party, or that is indecent;
  • not to infringe upon the rights or image of VALUMEN, particularly its intellectual property rights;
  • to comply with the present T&Cs as well as the Privacy Policy.

6.2. CUSTOMER COMMITMENTS

As a Customer, you undertake to:

  • comply with all of the laws, rules, and codes which apply to performing our Services;
  • guarantee the confidentiality of the information sent by the Applicant and guarantee the use of this information for purposes that are purely professional and related to the role of the Site and/or Application, namely the finalization of an interim management assignment offer, to the exclusion of any other use, particularly social or behavioral in nature, by Users.

 

7.ACCOUNT SUSPENSION, LIMITATIONS ON ACCESS, AND TERMINATION

7.1 AMICABLE TERMINATION

As an Applicant or a Customer, you have the option of ending your relationship with VALUMEN at any time.
Contractual termination occurs through the withdrawal of all applications and assignment offers, together with the User’s request for the account to be closed, sent to the Company by email at contact@valumen.com. For technical reasons, VALUMEN undertakes to close an account and remove the information within a period of 72 hours from receipt of the request by email.

7.2 TERMINATION, SUSPENSION, AND LIMITATION OF ACCESS DUE TO DISPUTE

In the event that (i) you violate the present T&Cs, particularly your obligations as an Applicant or Customer mentioned in Articles 6.1 and 6.2 hereabove, or if (ii) VALUMEN has serious reasons to believe that it is necessary for the protection of its security and integrity, those of the Users, or third parties, or in order to prevent fraud or investigations, VALUMEN reserves the right to:

  • terminate the present contract immediately and without notice; and/or
  • limit your access and use of the Site and/or Application; and/or
  • temporarily or permanently suspend your Account.

Where this becomes necessary, you will be notified of such a measure being taken in order to allow you to offer explanations to VALUMEN. The Company will decide, at its sole discretion, whether or not to lift the measures it has implemented.

8.PERSONAL DATA

As part of your use of the VALUMEN Site and/or Application, the Company is required to collect and process some of your personal data. By using the Site and/or Application and registering as a User, you recognize and accept that your personal data will be processed by VALUMEN in accordance with applicable law and the stipulations of the Privacy Policy that supplements these T&Cs.
Nature of Personal Data
Data pertaining to the Applicant: first and last names, mailing and email addresses, date and place of birth, gender, phone number, banking information (routing and account numbers), copy of a document proving your identity, and password. The same applies to information gathered in relation to the Applicant’s academic and professional background (diplomas and/or certifications from employers), acquired skills (hard skills, soft skills, and mad skills), as well as certain hobbies or association memberships that the Applicant may decide to share (Curriculum Vitae, Applicant photo). This information is required for setting up the Applicant’s profile, with the exception of information beyond the professional sphere (hobbies, association memberships, mad skills), even if the latter are reviewed along with the profile for the purposes of given assignments. Without this, VALUMEN will be unable to provide the services offered by the Site and/or Application, and the Applicant will not be permitted to create an account on our Site and/or Application. As a reminder, “hard skills” correspond to analyzable technical skills acquired as part of a set skills base for the position sought; “soft skills” allow us to analyze your adaptive abilities (management, ease with public speaking, empathy, ability to unite people, etc.) in a specific professional environment; “mad skills” are atypical skills that characterize an applicant’s personality particularly outside the professional scope.
Protection of Personal Data (GDPR)
Within the framework of their contractual relationships, the Parties undertake to comply with the applicable regulations in force on the processing of personal data and, in particular, the European Parliament and European Council’s Regulation EU 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and the free circulation of this data, applicable as of May 25, 2018.
Personal data is held and processed by VALUMEN in accordance with the “Privacy Policy,” which forms an integral part of these “VALUMEN General Terms and Conditions of Use,” which the User declares that they have reviewed, and which can be accessed by clicking on the “Privacy Policy” link located at the bottom of the page displayed on the screen.
The processing of information sent by a User who is a natural person meets the legal requirements on personal data protection. In accordance with the regulations in force, the User has a continuous right of access, modification, rectification, refusal, portability, and limited processing of information pertaining to them.
The data is held on secure external servers hosted at OVH – 2 rue Kellermann 59100 ROUBAIX.
Connections to the Site are made securely using HTTPS via TLS 1.2 authentication. Furthermore, the Application is protected by Firewalls with daily updates to its DDOS protection and patches.
Access to the server and data banks is exclusively limited to the administrator and webmaster of the Site and/or Application (the company OVH).
To exercise these rights, the User must send a request to the following address: VALUMEN GROUPE– SERVICE DP – 102 avenue Edouard Vaillant 92100 Boulogne-Billancourt. For any additional information or to make a claim, the customer may contact the Commission Nationale de l’Informatique et des Libertés [French data protection agency] (more information is available at https://www.cnil.fr/en/home).
VALUMEN undertakes, in particular, to take all precautionary measures required to keep the information secure and, in particular, to protect it against any accidental or unlawful destruction, accidental loss, alteration, distribution, or unauthorized access.
VALUMEN also implements security protocols to protect the data from any malicious intrusion, alteration, or disclosure to unauthorized persons.
VALUMEN issues data access authorizations exclusively to their employees or agents who require it, for the purposes of applying and overseeing security measures or performing contractual services. It requires that its providers comply with its entire security policy and the obligations arising from Regulation EU 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data.
VALUMEN provides the User with the security policy that it implements and informs them of any changes to this policy. It makes all documents on data security available to the User. Data collected and processed by VALUMEN is strictly covered by trade secret protection (Article 226-13 of the Penal Code). VALUMEN undertakes to comply, and to ensure that its personnel comply, with the following obligations: – not to make any copies of the data, with the exception of those necessary for the performance of its contractual services, particularly in the name of security protocols; – not to divulge the data to other people, whether they are private or public, natural or legal persons; – to take all measures necessary to avoid any improper or fraudulent use of the data recorded during the performance of the contract.
The personal data collected from the Applicant, as well as that sent to the Customer by VALUMEN as part of the performance of the contract, are only processed and used insofar as is necessary to verify the signing of the contract, to inform and correspond with interested parties, to process their requests, to ensure that VALUMEN performs its services, to create and manage their access to online services, to perform statistical studies, and to conduct business development and perform marketing processes. To this end, the Customer undertakes to establish within its own structure an identical management policy for personal data of the Applicant sent by VALUMEN in order to ensure the utmost security and conservation of this data. Failure to comply with this provision, in the event of an unforeseeable or malicious loss of the data, may give rise to legal proceedings.
It will be kept as long as necessary and up to three years after VALUMEN has finished performing its services, unless the interested parties exercise their right to delete data pertaining to them. They enjoy a right of access, rectification, portability, and erasure, as well as limited processing, of their data. They may also refuse the processing of data pertaining to them on legitimate grounds (see Article 2.3.1 of the Privacy Policy).
Access to this personal data is strictly limited to employees and, if necessary, subcontractors of VALUMEN, who are subject to an obligation of confidentiality and can only use the data in accordance with the present policy and applicable legislation. Other than in the cases laid out above, VALUMEN undertakes not to sell, rent, hand over, or grant third-party access to the data without the prior agreement of the interested parties, unless it is required to do so on legitimate grounds (in order to fulfill a legal obligation, to combat fraud or abuse, to exercise its right to defend itself, etc.)
Employees and any sub-subcontractors of VALUMEN will necessarily be resident in the European Economic Area or the United Kingdom, unless the transfer has been authorized by the Company, or is made toward a country whose level of protection has been deemed normally adequate by the European Commission, in accordance with data protection legislation, or the transfer has appropriate safeguards in place, in accordance with GDPR.

9.INTELLECTUAL PROPERTY

9.1. CONTENT PUBLISHED BY VALUMEN

Without prejudice to content provided by its Customers and Users, VALUMEN is the sole holder of all of the intellectual property rights related to the Services, the Site and/or Application, its content (particularly text, images, illustrations, logos, videos, sounds, data, and graphics), as well as all software and databases responsible for their operation.
VALUMEN grants you a non-exclusive, personal, and non-transferable license to use the Site and/or Application and the Services, in the manner defined in these T&Cs, on a non-commercial basis and in accordance with the purposes of the Site and/or Application and the Services.
You will refrain from any other use or exploitation of the Site and/or Application and the Services, and of their content, without the prior written authorization of VALUMEN. You will particularly refrain from:

  • reproducing, modifying, adapting, distributing, publicly depicting, or disseminating the Site and/or Application, the Services, and their content, with the exception of that which is expressly authorized by VALUMEN;
  • decompiling, reverse-engineering the Site and/or Application or the Services, subject to exceptions provided for by the texts in force;
  • extracting or attempting to extract (particularly by using data mining bots or any other similar data collection tool) a substantial portion of the Application data.

9.2. CONTENT PROVIDED BY YOU ON THE SITE AND/OR APPLICATION

In order to permit the provision of the Services, and in accordance with the purpose of the Site and/or Application, you grant VALUMEN a non-exclusive license to use the content and data that you provide within the scope of your use of the Services:

  • you authorize VALUMEN to reproduce all or part of your information on any digital recording medium, currently known or unknown, and particularly on any server, hard drive, memory card, or other equivalent medium, in any format and through any process currently known or unknown, insofar as is necessary for any storage, saving, transmission, or downloading operation related to the operation of the Site and/or Application and the provision of the Service;
  • you authorize VALUMEN to adapt and translate your information, and also to reproduce these adaptations on any current or future digital medium stipulated in (i) above, with a view to providing the Services, particularly in different languages. In particular, this right includes the ability to perform, in observance of your moral rights, any changes to the formatting of your information for the purpose of complying with the style guidelines of the Platform and/or to make it technically compatible for the purpose of its publication via the Site and/or the Application;
  • you guarantee that you are the owner of the exclusive rights to this information (written or photographic content) transmitted via the Site and/or Application. You declare that you are the author of and hold all intellectual property rights over this information. Failing this, any violation of the intellectual property rights of a third party may result in legal proceedings for the purposes of compensation, in the event that someone attempts to hold the VALUMEN Site and/or Application liable in this respect. Furthermore, the content of the information must comply with the laws and practice in force in the sense that it respects private life, is not defamatory and does not damage the moral integrity of anyone else and, in particular, complies with good moral standards.

10.VALUMEN’S ROLE

The VALUMEN Site and/or Application is a digital tool enabling the exchange of information between Applicants and Customers through applications and assignment offers, all for the purpose of agreeing upon an interim management assignment.
As such, in its capacity as an intermediary between the Applicants and the Customers, VALUMEN may exercise control over the behavior of Site and/or Application Users, including that which relates to the technical use of the Site and/or Application, if such behavior does not comply with the present T&Cs. However, VALUMEN shall not have any influence whatsoever upon the quality and content of the information sent via the Site and/or Application between Users, and cannot be held liable in this regard.
You recognize and accept that VALUMEN may verify the validity, veracity, and legality of the information collected and transmitted through the Site and/or Application.
VALUMEN remains liable with regard to the collection, transmission, and use of the information collected. VALUMEN remains responsible for the digital processing of information with a view to their use by Customers for entering into an assignment contract. VALUMEN’s liability with regard to Users is limited to the management of personal data in accordance with Article 8 of the T&Cs.

11.OPERATION, AVAILABILITY, AND FEATURES OF THE SITE AND/OR APPLICATION

VALUMEN will make every effort, insofar as is possible, to ensure that the Site and/or Application is accessible 24/7. However, access to the Site and/or Application may be temporarily suspended, without notice, because of technical operations to perform maintenance, migration, or updates, or because of failures or restrictions related to network operations.
Furthermore, VALUMEN reserves the right to temporarily or permanently modify or terminate all or part of Users’ access to the Site and/or Application or its features at its sole discretion.
Those modifications or interruptions rendered necessary by site maintenance will be the subject of prior notice by email or on the site’s homepage, insofar as is possible and except in the case of force majeure, and may not give rise to any claim or request for compensation to this effect.

12.CHANGES TO THE T&CS

The present T&Cs and those documents incorporated by reference articulate the entirety of the agreement between you and VALUMEN regarding your use of the Services. Any other document, particularly any references on the Site and/or Application (FAQ, etc.), is for information only.
VALUMEN may be required to edit the present Terms and Conditions of Use so as to adapt to its technological and commercial environment and in order to comply with the regulations in force. Any alteration of the present T&Cs will be published on the Site and/or Application along with a note specifying the date of the update, and you will be notified by VALUMEN prior to its entry into force.

13. APPLICABLE LAW – LITIGATION

The present T&Cs have been written in French and are subject to French law.
You may also, where applicable, present your claims with regard to our Site and/or Application or our Services on the dispute resolution platform provided online by the European Commission, accessible at:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
The European Commission will be responsible for transmitting your claim to the competent national mediators. In accordance with the rules applicable to mediation, you are required to have informed VALUMEN in writing of any dispute in order to come to an amicable agreement prior to making any request for mediation.
Should reaching an amicable agreement be impossible, disputes may be submitted to the jurisdiction of Nanterre (France).

T&Cs in force as of November 15, 2020