Terms of use

STATUTORY INFORMATION





Eyes on Talents, a simple-form company limited by shares (société par actions simplifiée) incorporated in France,
with a share capital of 1 000 euros


Registered Office: 52, Boulevard Malesherbes, 75008 Paris


Paris Companies Register - No. 752 510 446


VAT Registration No. FR 07 752 510 446


Website Publishing Director: Floriane de Saint Pierre


Email: contact@eyesontalents.com


Tel. +33 (0) 1 45 61 55 26


Le site Internet eyesontalents.com is hosted in Ireland, member state of the European Union:


Amazon Web Services LLC
PO Box 81226
Seattle, WA 98108-1226
Etats-Unis









EYES ON TALENTS PLATFORM GENERAL TERMS AND CONDITIONS OF USE CORPORATE USERS


Most recent update: 26 November 2019





Eyes on Talents, a digital platform accessible via the www.eyesontalents.com website (hereinafter the "Platform"), is the Talent Place for strongly innovative and creative brands, which facilitates searching for, discovering and establishing contact with today's and tomorrow's creative and management talents.


The Platform facilitates meeting and professional collaboration opportunities between members registered with the Platform who are looking for talents, and those talents, whether or not they are registered with the Platform (hereinafter together referred to as the "Members").


The professionals looking for talents on the Platform are clients that have either purchased a paid subscription to the Platform (hereinafter the "Clients") or are partners of Eyes on Talents (hereinafter the "Partners").


The Clients and Partners will hereinafter together be referred to as the "Corporate Users".


The talents registered with the Platform will hereinafter together be referred to as the "Talents".


Talents not registered with the Platform will hereinafter be referred to as "Visitor(s)".


In registering with and using the Platform, Corporate Users acknowledge that they are familiar with and accept, unrestrictedly and unreservedly, these general terms and conditions of use (hereinafter the "Terms and Conditions").


Eyes on Talents reserves the right to amend these Terms and Conditions in whole or in part at any time. If these Terms and Conditions are modified, Corporate Users will receive notice in the form of an alert sent to their notification centre. The amended version of these Terms and Conditions will come into force ten (10) days after this notice. Members will be able to see the date when Eyes on Talents made its most recent changes from the "most recent update" date stated above.


If a Corporate User does not accept any change to the Terms and Conditions, it will be free to cease using the Platform by closing its account.





1. SERVICES



Eyes on Talents will offer Corporate Users the following services via the Platform within the limits of their respective terms of membership.


1.1 Description of the Services



  • creation of an account to become a Member of the Eyes on Talents network;

  • a customised Talent profile (hereinafter the "Profiles") search function using a multi-criteria search engine;

  • ability to consult, annotate, list, share and contact Profiles subject to the requirements defined in Article 3 of these Terms and Conditions;

  • ability to consult Profile selections made by Eyes on Talents;

  • Profile news and current events monitoring;

  • ability to publish job postings, project calls and competition invitations for Talents (hereinafter the "Ads"); and

  • ability to invite Talents to join the Platform.


1.2 Corporate Page Service



  • creation of an account to become a Member of the Eyes on Talents network;

  • creation and distribution of a public page ("Corporate Page") with content ("Page Content") managed by the Corporate User;

  • publishing of Ads targeted at Talents and Visitors, according to the terms of membership of the Corporate User;

  • receipt by the Corporate User of Talent and Visitor candidacies, according to the terms of membership of the Corporate User;

  • consulting and contacting Profiles on the terms defined in Article 3 of these Terms and Conditions.





2. TERMS AND CONDITIONS FOR CORPORATE USER ACCESS TO THE PLATFORM


2.1 Right to Services


If you are using the Platform on behalf of a company, business or a third party, you represent and warrant that you have the requisite authority to do so and to render these Terms and Conditions binding on the company, business or third party in question. Your acceptance of these Terms and Conditions will be deemed acceptance by that company, business or third party. In this case, Eyes on Talents may hold you liable for any breaches of this agreement by that company, business or third party.


The services offered by Eyes on Talents to Corporate Users will be defined on a case by case basis in the agreements governing membership terms and conditions between each Corporate User and Eyes on Talents.





2.2 Registration and Connection


The Platform will be accessible via the eyesontalents.com website.


To be entitled to use the services provided on the Platform, the Corporate User will first follow the "find talent" link to submit a membership subscription request to Eyes on Talents.


When doing so, the Corporate User will be asked to provide the following information, to include surname, first name, email address, profession, corporate name and telephone contact details.


Eyes on Talents will examine the Corporate User's request and reserves the right to accept or reject it.


Once its candidacy has been accepted by Eyes on Talents, the agreement signed and invoice settled, the Corporate User will be sent information allowing it to access its account and will be able to use the Platform.


The Corporate User warrants that the information supplied to open its account is accurate. Information authenticity is not checked by Eyes on Talents.


Eyes on Talents invites Corporate Users to consult Article 11 below for further details of Eyes on Talents' privacy policy concerning its use of their personal data and terms and conditions for exercising their rights.





2.3 Security and Use of Connection ID and Password


Members' connection logins and passwords are confidential and reserved for their use alone. Accordingly, Members undertake to protect the confidentiality of their logins and passwords and under no circumstances to divulge them to third parties. Members will be deemed liable for any action resulting from a connection to the Platform using their connection IDs. Under no circumstances will Eyes on Talents be held liable for the consequences of any such use.


If a password is lost or forgotten, each Member will have access to a dedicated link on the Platform in order to reset the password.


If a Member's password is used by a third party without that Member's authority, the Member will be liable for any harm, damage or loss occasioned by the unauthorised use and will be duty-bound to change the password via the dedicated Platform page as soon as possible.


Members are also responsible for the security of the technical and IT installation that they use to access the Platform.





3. HOW THE PLATFORM OPERATES



Their membership subscription to the Platform entitled Corporate Users to create a Corporate Page and/or to access Talent / Visitor Profiles and Platform services that match their membership characteristics.


3.1 Corporate Page "Going Live"


Corporate Users and Eyes on Talents mutually agree to do everything possible to ensure that the Corporate Page goes live as soon as possible.


Within one (1) month of it receiving the questionnaire required to format the Corporate Page, the Corporate User will supply Eyes on Talents with the Page Content in order for the Corporate Page to be placed online.





3.2 Profile Consultations


3.2.1 Profile Consultations as part of a Corporate Page Subscription


The range of Profiles to which a Corporate User will have access (hereinafter the "Profile Range") will depend on its membership level and may include:



  • Visitors, giving the full name and email address of the talent;

  • Talents who have shown their interest in the Corporate Page of the Corporate User or who have contacted the Corporate User via its Corporate Page;

  • Talents whose Profile content makes express reference to the Corporate User;

  • Talents who have answered an Ad posted by the Corporate User;

  • Profiles shared with the Corporate User;


Corporate Users will have no access to the Profiles of Talents wishing to mask their Profiles.


Corporate Users will be entitled to visit Profiles containing personal and professional information supplied by the Talent, including general career information, information about projects or about higher education, together with any artistic content relative to the Talent's own projects or projects in which he or she has been involved, including photographs, images, all forms of graphics and hypertext links connecting to other content such as videos (hereinafter the "Content").


3.2.2 Profile Consultations as part of a Talent Monitoring Subscription


The Profile Range of a Corporate User will depend on its membership level and may include:



  • public Profiles;

  • Profiles in Talent categories selected by the Corporate User according to the terms of its membership;

  • Profiles with content making express reference to the Corporate User;

  • Talents who have answered an Ad posted by the Corporate User;

  • Profiles shared with the Corporate User;

  • Talents invited by the Corporate User to join the Platform.


The Corporate User will be entitled to search for Profiles within its Profile Range that satisfy its multi-criteria search engine criteria.


Corporate Users will be able to visit Profiles containing personal and professional information supplied by the Talent, including general career information, information about his or her projects and the Talent's Content.





3.3 Profile Annotating, Listing, Monitoring and Sharing


Corporate Users with a Talent Monitoring subscription will be able to annotate (wording, colours, labelling...) Profiles within its Profile Range and to save annotated Profiles in its account.


The Profiles in a Corporate User's Profile Range, whether or not annotated, may be compiled into lists (by project, subject area…) and saved in the Corporate User's account.


Partners will be entitled to share such Profiles and lists, whether or not annotated, with other Corporate Users and third parties (hereinafter referred to as "Guests").


Clients may share these Profiles and lists, whether or not annotated, with other Clients listed in their agreement with Eyes on Talents.


If a Profile or list is shared with another Corporate User, the Corporate User will be able to access the Profile and contact the Talent via the Eyes on Talents messaging system or using the contact details provided.


If a Partner shares a Profile or list with a Guest, the Guest can, once a Guest's account has been created on the Platform, access the shared Profiles or lists and, with the Partner's consent, contact the Talent(s) via the Eyes on Talents messaging system or using the contact details provided.


Corporate Users will be able to arrange Profile monitoring within their Profile Range by asking to be kept informed by news feed notification of updates to the Content of the selected Profiles.





3.4 Bringing Members Together


A Corporate User may contact a Talent within its Profile Range by sending a message via the Eyes on Talents messaging system or using the contact details provided.


A Talent may message a Corporate User if he or she has already been contacted by the Corporate User via the Eyes on Talents messaging system or using the contact details provided.


Corporate Users may also invite Talents to join the Platform.





3.5 Posting Ads


A Corporate User may, according to the terms of its membership, submit Ads to Eyes on Talents for validation and distribution to selected Profiles on the Platform or, if required, on its Corporate Page.


Once an Ad has been validated, Eyes on Talents will select the Talents who meet the Ad's criteria and will send them a notification.


Talents receiving an Ad notification can submit their candidacy directly to the Corporate User posting the Ad.


Visitors coming across the Ad will be able to submit their candidacy directly to the Corporate User via the Corporate Page.


Talents or Visitors can submit a variety of information and content in answer to the Ad to the posting Corporate User to support their candidacy. Information and content that Talents or Visitors supply in answer to Ads will be termed their "Contributions".


A posting Corporate User will receive notification of a Talent's or Visitor's candidacy in answer to one of its Ads and will be able to consult the Content and Contributions of the candidate Talent or Visitor.





3.6 Selection of Profiles by Eyes on Talents



As part of some Corporate User subscriptions, Eyes on Talents may be called upon by a Corporate User to select Profiles or produce lists of Profiles.





4. RULES GOVERNING ADS, CONTENT, CONTRIBUTIONS AND PAGE CONTENT


Corporate Users will be responsible for their Ads and any content relayed in connection with them, including job, project and competition descriptions, adverts, trademarks, brands, images and web addresses contained in the Ads and/or Page Content.


4.1 Intellectual Property Rights and Publicity (Personal Image or Likeness) Rights


The Corporate User represents and warrants that it owns and/or has been granted all the rights in its Ads and/or Page Content, including intellectual property rights and publicity (personal image or likeness) rights that may attach to such content.


Eyes on Talents denies and disclaims all liability for Page Content or Ads with content that is unlawful or that infringes or damages third party rights. Corporate Users are notified that Eyes on Talents is not duty-bound to monitor, nor does it moderate, Page Content or Ads.


Accordingly, Corporate Users will indemnify and hold Eyes on Talents harmless against any legal actions, claims or complaints, trespass or disruption of peaceful enjoyment, dispossession of rights or defeat of title based on any breach or violation of third party rights.


Subject to compliance with the preceding paragraph, the Corporate User is and will remain the proprietor or holder of the rights in the Page Content or Ads.


The Corporate User will grant Eyes on Talents, and Eyes on Talents accepts, a non-exclusive, worldwide license, free of charge, over Page Content and Ads. This licence will cover the right to use, to grant sub-licences to use, copy, exhibit or display, publish, adapt (technically) and translate the Page Content and Ads on all media:



  • for Platform service performance purposes;

  • on the Platform and on Eyes on Talents' social networks;

  • in Eyes on Talents communications, releases and newsletters; and

  • for any Eyes on Talents subsidiaries.


The licence will remain in full force and effect throughout the term of the agreement. To this end, the Corporate User represents and warrants that it is duly authorised to grant a licence over Page Content and Ads.


The Corporate User may terminate this rights licence for any specific Page Content or Ad by requesting that it be archived / deleted or by closing its account.


Publishing Content on the Platform will not grant or imply assignment or licensing of any rights attaching to that Content, including intellectual property rights, to Corporate Users or third parties that might be able to access that Content.


Similarly, receipt by a Corporate User of a Contribution when a Talent submits his or her candidacy in answer to an Ad will not grant or imply assignment or licensing of any rights attaching to that Contribution, including intellectual property rights, to the Corporate User.


Corporate Users agree not to use Content or Contributions to which they have access in any way whatsoever outside the scope of the Platform services supplied to them.





4.2 Obligations of Corporate Users


Corporate Users undertake with respect to Ads:



  • not to create Ads unless they have the intention of recruiting or collaborating with a Talent or a Visitor;

  • not to publish or distribute Ads on behalf of a third party;

  • not to create Ads that do not reflect what the job really entails or encapsulate the aim or purpose of the project or competition;

  • not to contact a candidate Talent or Visitor after he or she has asked not to be contacted;

  • not to create Ads requiring Talents or a Visitor to pay or to assume liability for costs when submitting their candidacy;

  • not to create Ads containing malware, spyware or any other type of malicious code, disrupting the effective operation of the Platform.


Corporate Users undertake with respect to their Corporate Page:



  • not to provide or communicate information, files and content that do not reflect reality, are dishonest, unfair or disingenuous;

  • not to disclose the personal data of third parties (wording, photographs or videos) via their Corporate Page without consent;

  • not to import, distribute or disseminate via their Corporate Page unlawful remarks or content, including rights-infringing, defamatory, abusive, offensive, insulting, obscene, discriminatory, violent, xenophobic or hate inciting content, or any other content contrary to accepted standards of good behaviour or the rules of propriety and decency;

  • not to incorporate into, or distribute or disseminate via, their Corporate Page any content inconsistent or incompatible with the end purpose of Eyes on Talents' services; and

  • not to disclose or transmit via a Corporate Page any content including links connecting to unlawful or offensive websites or website incompatible with the end purpose of Eyes on Talents' services.


Eyes on Talents will be entitled to refuse or to delete an Ad or any content that is Page Content at any time, for any reason, regardless of whether or not that Ad or Page Content was previously accepted or posted.





5. EYES ON TALENTS' INTELLECTUAL PROPERTY RIGHTS


The architecture, design and layout of the Platform, which shall include but not be limited to trademarks, brands, logos, slogans, domain names, databases, software, content and other components comprising the Platform (hereinafter the "Protected Elements") shall be the exclusive property of Eyes on Talents.


These Terms and Conditions will not grant or imply an assignment or licensing to Members of any intellectual property rights attaching to the Platform or Protected Elements.


The Members agree not to do anything that may damage, infringe or jeopardise the Protected Elements directly or indirectly. Accordingly, any use, copying, distribution, sale or creation of derivative works based on the Protected Elements, without the prior written agreement of Eyes on Talents, will be strictly prohibited and may incur liability for infringement.


In particular, the Members agree not:



  • to extract, by means of a permanent or temporary transfer, or use, by supplying it to the public, all or a substantial part (quantitatively or qualitatively) of the Protected Elements or other visible databases for commercial or other purposes;

  • to extract or use repeatedly or systematically all or part of the visible Protected Element data where such extraction or use clearly exceeds normal use for private purposes of the Platform services;

  • to exploit, market, sell or distribute any part of the Protected Elements, especially visible data, or any other database;


  • to use software or manual procedures to copy web pages from the www.eyesontalents.com website or to save or collect information about the Protected Elements, without the express, prior, written consent of Eyes on Talents;

  • to use devices or software to disrupt or in an attempt to disrupt the normal functioning of the Platform; and

  • to engage in actions that would impose a disproportionate burden on Eyes on Talents' infrastructures.





6. GOOD CONDUCT / PROHIBITED BEHAVIOUR


Eyes on Talents is a social network created for the purpose of facilitating professional exchanges and collaboration. The use of the Eyes on Talents Platform for any purposes other than these will constitute misuse and a deflection away from the purposes and objectives of the Eyes on Talents Platform and services. In using the Platform, the Members formally agree not to engage in any activity that is illegal and/or contrary to public policy or accepted standards of good behaviour (frauds, scams, prostitution, identity theft, violation of third party rights, etc.).


Also, every Member agrees, in its relationships with other Members, not to send junk mail, spam or other unsolicited commercial communications, and not to harass or attempt to harm other Members.


On acquiring membership to Eyes on Talents, every Member will be bound to act honestly and fairly, and to be trustworthy when using the Platform.


Accordingly, to retain Member status, every Member agrees to abide by and comply with the following conditions:



  • to be honest and truthful in its statements and representations;

  • to respect the privacy of the content and messages exchanged with other Members and not to divulge the content of these messages;

  • not to act in breach of the rules of public policy;

  • to comply with applicable laws and regulations;

  • not to incite violence or justify, glorify or advocate terrorism, war crimes or crimes against humanity;

  • not to breach the rules of propriety and decency, and to behave courteously and correctly towards other Members;

  • not in any way to damage or disrupt the normal functioning of the Eyes on Talents Platform and services.


The Platform is an automated data processing system. Any fraudulent access to, hacking of or concealment inside this system shall be prohibited and constitutes a criminal offence. It is also an offence to impede, impair or tamper with the running of this system, to input data, or to delete or modify data already contained within the system. Every Member agrees not to disrupt the effective operation of this automated data processing system, and especially not to introduce viruses, otherwise damage, unlawfully access or modify data stored on the Platform.


Members shall not extract and/or systematically reuse portions of Platform content without the prior written consent of Eyes on Talents. In particular, Members shall not use data crawlers, extraction bots or similar data harvesting tools, scrapping services to extract data or reuse a substantial portion of the Platform data.





7. COMPLAINTS AND GRIEVANCES


If a Member does not wish to be contacted by another Member for any reason such as inappropriate behaviour, notice of this wish may be given to the following address: contact@eyesontalents.com


If any Member notices another Member publishing content in breach of rules defined in Article 4 or engaging in unlawful or prohibited behaviour in breach of Article 6, this Member's behaviour can be reported by mailing the following address: contact@eyesontalents.com.





8. HYPERTEXT LINKS



The Platform may feature hypertext links to third party websites. Eyes on Talents has no control over these websites. It cannot therefore guarantee, incur any responsibility or liability for the availability of these websites, their content or any other elements that they may feature.





9. DISCLAIMERS AND LIABILITY LIMITS


Corporate Users acknowledge that they alone will be responsible and liable for their accounts, their Page Content, Ads and, generally, their use of the Platform.


Corporate Users acknowledge that Eyes on Talents will have no liability to them for any loss or damage resulting from their use of the Platform (e.g. data losses, lost opportunities or damage to reputation) or inability to access the Platform or use the data stored on the Platform, especially Content and Contributions, for any malfunction, error or interruption in the functioning of the Platform, or for any computer virus transmitted via the network.


The purpose of the Eyes on Talents Platform is to offer a resource assisting its Members to meet and work together or with Visitors. Eyes on Talents cannot guarantee however that its Members or any Visitor will form any professional working relationships or any contractual relationships. Similarly, Eyes on Talents accepts no liability for the Ads posted on the Platform and offers no guarantee to the Corporate Users that any Ad will result in a contractual relationship with a Talent or third party. Finally, Eyes on Talents declines all liability for any relationships formed between Members or with Visitors through the Platform and any harm, damage or loss arising from such relationships.


Finally, Eyes on Talents has no control over:



  • Page Content or Ads imported via Corporate Pages (e.g. whether they are lawful, suitable, accurate or up-to-date);

  • any opinions expressed in published content that are personal to those writing them;

  • the status, ability or calibre of those registered on the Platform or featuring in a Corporate Page.


Eyes on Talents further disclaims all liability for any harm, damage or loss resulting from a breach by a Member of these Terms and Conditions. A Member in breach of these Terms and Conditions will indemnify and hold Eyes on Talents harmless against any legal action taken by another Member or third party and against any judgment entered or award made against Eyes on Talents as a result of its actions.


Eyes on Talents shall not be liable for any shortcomings in the quality, completeness, functional availability or services on the Platform. The Platform is provided "as is".


Corporate Users confirm their acceptance of Internet limitations and shortcomings, in particular in its technical performance levels and response times when consulting, searching or transferring data. Eyes on Talents cannot guarantee continuous, undisrupted, uninterrupted and errorless access to the Platform and will not be liable where Internet usage proves difficult or impossible.


Corporate Users further acknowledge that Platform access may be temporarily suspended to carry out necessary maintenance work and updates.


Eyes on Talents will use its best endeavours to secure Member access to the Platform but cannot provide absolute security. Eyes on Talents shall not be liable for any malfunctions or damage inherent in using the Internet, such as service breakdowns, external intrusions, computer viruses or breaches of IT security that may damage your computer hardware or data.





10. TERMINATION


A Corporate User will be entitled to terminate this agreement at any time by closing its account, benefitting from the Eyes on Talents services until the end of its subscription period.


Where a Corporate User is in breach of these Terms and Conditions or has broken the law, Eyes on Talents reserves the right, without notice, to suspend the Corporate User's Platform access by closing its account temporarily or definitively, without prejudice to any damages that Eyes on Talents may be entitled to claim.


In the case of termination, Eyes on Talents will not reimburse any costs or expenses incurred in relation to a Corporate User's membership, including partially used subscriptions, commissions, bank fees or charges.





11. PRIVACY AND PERSONAL DATA PROTECTION POLICY


The following provisions provide details of how Eyes on Talents collects and uses personal data belonging to Corporate Users and notifies them of measures taken by Eyes on Talents to protect personal data during use of the Platform in accordance with General Data Protection Regulation (EU) 2016/679 of 27 April 2016 (hereinafter the "GDPR").


Eyes on Talents considers data privacy to be of the greatest importance and undertakes to protect Corporate User personal data. As data controller, Eyes on Talents is compliant with its GDPR obligations in collecting and processing Corporate User personal data.


The Data Protection Officer of Eyes on Talents may be contacted at:


Eyes on Talents, DPO,


52, Boulevard Malesherbes,


75008 Paris


or at privacy@eyesontalents.com.


In using the Platform, Corporate Users accept and agree to the collection and use by Eyes on Talents of their personal data in accordance with the terms and conditions set out below.





11.1 Personal Data Collected


Eyes on Talents may collect the personal data of Corporate Users (hereinafter the "Personal Data") through their accounts when they register with the Platform and when they are using it.


The Personal Data collected by Eyes on Talents are as follows:



  • the IP address of any Internet user browsing the Platform;

  • all information supplied by a Corporate User on registering with the Platform (full name, occupation, employer, email address, telephone number, password, billing details …);

  • Ads, Page Content and, generally, all information and content supplied by Corporate Users;

  • data resulting from Corporate User Platform usage (searches carried out, Profiles consulted, messages sent and received, data shared …).


If a Corporate User refuses its consent for Eyes on Talents to collect Personal Data, Eyes on Talents will be unable to activate its account or supply the services.


Eyes on Talents regularly provides Corporate Users with new functionalities. If Eyes on Talents decides to collect substantially different Personal Data or to modify its privacy and Personal Data protection policy substantially, it will inform Corporate Users that it is doing so.





11.2 Purposes of the Processing of Collected Personal Data


Personal Data will be used for the following purposes:



  • managing Platform registration (registering and cancelling subscriptions);

  • allowing access to some Platform functionalities;

  • customising and optimising the efficiency of Platform services, recommending the different Platform content, particularly to Members (projects, Ads, Page Content, Profiles…);

  • informing / notifying the Members concerned when a Profile is updated;

  • communications between Eyes on Talents and its Members;

  • investigating suspicions of fraud or other breaches of the Terms and Conditions, including the investigation of Members' complaints and grievances;

  • preparing anonymous Platform traffic statistics;

  • conducting marketing research.


Eyes on Talents will be entitled to use Ads, Page Content and other content supplied by Corporate Users for commercial presentation and communication tool creation purposes.





11.3 Data Retention and Data Recipients


A Corporate User's Personal Data will be retained by Eyes on Talents for as long as the Corporate User's account remains open, plus a period of 5 years after closure of its account, except where a Corporate User objects or makes a new request. Personal Data will be archived for technical purposes only for applicable retention periods and will be destroyed once they have expired.


Eyes on Talents processes Personal Data both inside and outside of the European Union applying legal processes (checking Members' protection levels and protective contractual terms and conditions) ensuring the legality of cross-border data transfers and safeguarding data confidentiality.


The recipients of Personal Data are Eyes on Talents, Talents, Visitors and the service providers with which Eyes on Talents works.


Unless otherwise provided herein, Eyes on Talents shall not sell, rent or disclose Personal Data to any third party unless a statutory provision, regulation or decision of a court requires it to do so. Eyes on Talents agrees at all times to take all necessary measures to protect Personal Data.





11.4 Rights of Corporate Users


Corporate Users are informed that they have a right of access to and of rectification and erasure of, their Personal Data, a right to data portability and a right to object to or restrict processing, or to revoke any previous consent given when their accounts were activated (except with regard to necessary data for the normal operation of accounts and related services), and may exercise these rights at any time by emailing Eyes on Talents at privacy@eyesontalents.com or writing to it at:


Eyes on Talents,
52, Boulevard Malesherbes,
75008 Paris.


A Corporate User also has the right to issue instructions about what is to be done with Personal Data on death and the right to address a complaint or grievance at any time to the French Data Protection Regulator (CNIL).


At a Corporate User's request, Eyes on Talents will delete all Personal Data concerning that Corporate User from its database.


A Corporate User using the Platform on behalf of a company or third party will be duty-bound to notify that company or third party of its request for its Personal Data to be erased from the database, to avoid the cancellation of the company's or third party's Platform registration, allowing either to select another Corporate User for the account.


The Platform offers Corporate Users "Newsletter" services free of charge to which they may subscribe at their discretion. The "Newsletter" will contain talent news and event information in the various creative fields.


Every Corporate User must express its clear and specific consent to receive these free services, which it will confirm on registration.


Eyes on Talents allows Corporate Users no longer wishing to receive the "Newsletter" to be deleted from the distribution list by clicking the "unsubscribe" link at the bottom of the Newsletter.





11.5 Security Measures


Eyes on Talents will use its best endeavours to protect the Personal Data of Corporate Users against damage, loss, misuse, hacking, intrusion, disclosure, tampering and destruction.


Eyes on Talents IT systems enjoy state of the art physical and software protection. It applies physical and electronic backup procedures to protect Personal Data collected on the Platform in accordance with the GDPR.


However, Eyes on Talents has no control over risks associated with Internet use and draws its Corporate Users' attention to their exposure to possible occasional data losses or compromised data privacy when transiting via the Internet.





12. COOKIES


Corporate Users are informed that when they access the Platform, cookies will automatically be installed on the hard drive of their computer terminals.


These cookies will record information about the Corporate User's Platform browsing (pages visited, date/time of the visit, etc.) and will measure audiences. Their purpose is to make Platform browsing easier, to contribute to service security in some instances and to offer Members services reflecting their areas of interest.


In browsing the Platform, Corporate Users consent to the installation of cookies on their hard drives.


If a Corporate User agrees, via its Internet browser, to cookies being stored on its computer terminal, the cookies integrated into the pages and content it has visited will be saved temporarily to the dedicated space on its hard drive. These cookies will only be visible to their issuer. The Corporate User's consent will only be valid for a period of thirteen (13) months from the date the cookies were first saved to its hard drive following its consent.


Corporate Users may refuse cookies, by adjusting the settings accordingly on their Internet browsers.





13. HOW TO CONTACT US



For information or to ask any question, you may email us at the following address: contact@eyesontalents.com





14. MISCELLANEOUS PROVISIONS


Any failure by Eyes on Talents, at any time, to enforce any of these Terms and Conditions and/or any tolerance of any breach of the obligations defined in these Terms and Conditions shall not be construed as a waiver of the right to enforce any of these Terms and Conditions at a later date.


If one or more of the provisions of these Terms and Conditions are held invalid by law or regulation or unenforceable pursuant to a ruling that has become res judicata of a court of competent jurisdiction, the other provisions shall remain in full force and effect. Eyes on Talents will be entitled, depending on the circumstances, to replace the invalid or unenforceable provision with a new provision effective in re-establishing the common will and intent of the Parties in accordance with the applicable law.


The section titles in these Terms and Conditions are for information and ease of reference purposes only and will not have any legal value.







15. APPLICABLE LAW - DISPUTES


These Terms and Conditions shall be governed by French law.


In case of a dispute, a Corporate User may elect to use a contractual mediation procedure or any other alternative dispute settlement method.


If mediation should fail, jurisdiction over any dispute and/or difficulty in construing or executing these Terms and Conditions will lie with the Paris courts of competent jurisdiction.










EYES ON TALENTS PLATFORM GENERAL TERMS AND CONDITIONS OF USE TALENTS






Most recent update: 26 November 2019





Eyes on Talents, a digital platform accessible via the www.eyesontalents.com website (hereinafter the "Platform"), is the Talent Place for strongly innovative and creative brands, which facilitates searching for, discovering and establishing contact with today's and tomorrow's creative and management talents.


The Platform facilitates meeting and professional collaboration opportunities between members registered with the Platform looking for talents and the talents registered with the Platform (hereinafter together referred to as the "Members").


Professionals looking for talents on the Platform are clients that have purchased a paid subscription to the Platform (hereinafter the "Clients") or partners of Eyes on Talents (hereinafter the "Partners").


The Clients and Partners will hereinafter together referred to as the "Corporate Users".


The creative talents registered with the Platform will hereinafter together be referred to as the "Talents".


Talents not registered with the Platform will hereinafter be referred to as "Visitor(s)".


In registering with and using the Platform, Talents acknowledge that they are familiar with and accept, unrestrictedly and unreservedly, these general terms and conditions of use (hereinafter the "Terms and Conditions").


Eyes on Talents reserves the right to amend these Terms and Conditions in whole or in part at any time. If these Terms and Conditions are modified, Talents will receive notice in the form of an alert sent to their notification centre. The amended version of these Terms and Conditions will come into force ten (10) days after this notice. Members will be able to see the date when Eyes on Talents made its most recent changes from the "most recent update" date stated above.


If any Talent does not accept any change to the Terms and Conditions, they will be free to cease using the Platform by closing their account.





1. SERVICES


1.1 Description of the Services


Eyes on Talents will offer Talents the following services on its Platform:



  • creation of an account to become a Member of the Eyes on Talents network;

  • creation and management of a customised profile in which he or she will be able to incorporate personal and professional information (hereinafter the "Profile") which can be searched, consulted, annotated, listed, shared and monitored according to the conditions defined in Article 3 of these Terms and Conditions;

  • consultation of pages published on the Platform by Corporate Users ("Corporate Pages") and access to their functionalities;

  • access to job offers, project calls and competition invitations published by Corporate Users and distributed via the Platform by Eyes on Talents to Talents selected according to the conditions defined in Article 3. of these Terms and Conditions (hereinafter the "Ads");

  • being put in contact with Corporate Users and third parties according to the conditions defined in Article 3 of these Terms and Conditions;


1.2 Free Services



The services offered by Eyes on Talents to Talents will be entirely free of charge.





2. TERMS AND CONDITIONS FOR TALENT ACCESS TO THE PLATFORM


2.1 Right to Services



The Platform is accessible to those individuals warranting that they are at least 18 years old, the minimum age at which individuals have legal capacity to enter into an agreement or, if not, to individuals who can demonstrate that they have parental consent.


2.2. Registration and Connection


The Platform will be accessible via the www.eyesontalents.com website.


To be entitled to use the services provided on the Platform, the Talent will first submit his or her candidacy to Eyes on Talents:



  • directly via the Platform by following the "apply as a talent" link; or

  • in answer to an invitation received from a Corporate User; or

  • in answer to an invitation received from the Eyes on Talents team.


When doing so, the Talent will be asked to provide the following information, including full name, email address, telephone contact details, profession, where appropriate, his or her employer and all useful content as background information.


Eyes on Talents will examine the Talent's candidacy and reserves the right to accept or reject it.


Once his or her candidacy has been accepted by Eyes on Talents, the Talent will be entitled to create an account and to manage his or her profile on the Platform.


The Talent warrants that the information supplied to open his or her account is accurate. Information authenticity is not checked by Eyes on Talents.


Eyes on Talents invites Talents to consult Article 11 below for further details of Eyes on Talents' privacy policy concerning its use of their personal data and of the terms and conditions for the exercise of their rights.





2.3 Agencies


Any party with a mandate from a Talent to represent him or her (hereinafter the "Agency") will be entitled to create and manage a Profile on behalf of that Talent.


The Agency represents and warrants that it has been granted the necessary rights and authority by the Talent to render these Terms and Conditions binding on the Talent.


Where an Agency is acting on behalf of a Talent, it will notify this expressly to Eyes on Talents on registration and in the Talent's Profile, informing all those with access to the Profile that this is the case.


The Talent alone will be responsible and liable for the Agency's use of the Platform and for the information and content in his or her Profile.





2.4 Security and Use of Connection ID and Password


Talents' connection logins and passwords are confidential and reserved for their personal use alone to the exclusion of any use by third parties. Accordingly, Talents undertake to protect the confidentiality of their logins and passwords and under no circumstances to divulge them to third parties. Talents and, where applicable, Agency employees, shall be deemed liable for any action resulting from a connection to the Platform using their connection IDs. Under no circumstances shall Eyes on Talents be held liable for the consequences of any such use.


If a password is lost or forgotten, each Talent will have access to a dedicated link on the Platform in order to reset the password.


If a Talent's password is used by a third party without that Talent's authority, the Talent will be liable for any harm, damage or loss occasioned by the unauthorised use and will be duty-bound to change the password via the dedicated Platform page as soon as possible.


Talents are also responsible for the security of the technical and IT installation that they use to access the Platform.





3. HOW THE PLATFORM OPERATES


3.1 Creation and Management of a Customised Profile


When creating and managing a Profile, the Talent is able to incorporate general career information, information about his or her projects, or about higher education.


The Talent may also post a biographical description.


The Talent will also have access to a functionality enabling him or her to describe, categorise and download a variety of artistic content relative to the Talent's own projects or projects in which he or she has been involved, including photographs, images, all forms of graphics and hypertext links connecting to other content such as videos.


All of the information and content available in the Profile will constitute "Content".


The Talent is free to update his or her Profile at any time by adding or removing Content.





3.2 Profile Consulting, Annotating, Listing, Monitoring and Sharing


Through their membership subscription to the Platform, Corporate Users are entitled to select the Talent categories to which they would like to have access and the Platform services that they wish to use.


A search may therefore be made for a Talent's Profile using a multi-criteria search engine which can then be consulted by Corporate Users whose Platform subscription entitles them to do so or, if the Talent decides to make his or her Profile public, by all Internet users.


Conversely, Talents may opt to mask their Profiles.


Talents may share their Profiles themselves with third parties who will be informed of the share by email.


A Partner may share a Talent Profile within its Profile Range, with other Corporate Users and third parties.


After registering with the Platform, third party share recipients (hereinafter referred to as " Guests ") will be entitled to consult a Talent's Profile and to contact the Talent directly or via the Eyes on Talents messaging system.


A Client with access to a Talent's Profile may share this Profile with other Clients listed in that Client's agreement with Eyes on Talents or with a third party.


A Talent's Profile may be annotated (wording, colours, labelling...) by a Corporate User. The Corporate User will then be able to save and/or share this annotated Profile on the terms and conditions set out above.


A Corporate User will also be entitled to compile lists of Profiles, whether or not annotated, that it can then save and/or share on the terms and conditions set out above.


Finally, any Corporate User with access to a Profile may monitor that Profile by being informed by news feed notification of any updates to that Profile.





3.3 Establishing Contact via the Eyes on Talents Messaging System


Talents may answer messages sent by Corporate Users or Guests via the Eyes on Talents messaging system.


A Talent will be unable to message a Corporate User directly unless he or she has already been contacted by that Corporate User.





3.4 Candidacies in Answer to Ads


Talents will be able to answer Ads to which they are alerted by notification on the Platform.


A Talent may submit his or her candidacy and projects to the Corporate User posting the Ad, providing it with information and content in support of the candidacy.


Information and content that Talents supply in answer to Ads will be referred to as their "Contributions".


A Corporate User will receive notification of a Talent's candidacy in answer to one of its Ads and will be able to consult the Content and Contributions of the candidate Talent.




4. RULES GOVERNING CREATIVE CONTENT AND CONTRIBUTIONS


The Talent covenants that his or her Content and Contributions will be truthful, authentic, lawful and free of all third party rights. Accordingly, he or she agrees:



  • not to create a false or fictitious identity (and especially not to use the identity of a third party), not to present diplomas, education or training undertaken, past or current jobs and artistic projects that are his or her own or in which he or she has been involved in a manner that is false, misleading or deceptive;

  • not to submit or publish Content or a Contribution that infringes or violates third party rights, especially their intellectual property rights;

  • not to submit or publish Content or a Contribution that is unlawful, defamatory insulting, disparaging, obscene or discriminatory;

  • not to submit or publish Content or a Contribution that violates third parties privacy rights, especially not to divulge confidential or private information or personal data belonging to or about third parties and not to publish a photograph that infringes a third party's personal image, likeness or publicity rights.


In any event, a Talent will be liable for his or her Content and Contributions. Under no circumstances will Eyes on Talents incur any liability by reason of unlawful Content and Contributions or Content and Contributions that infringe, damage or undermine the rights of third parties. Talents are informed that Eyes on Talents is not duty-bound to monitor, nor does it moderate, Content and Contributions.


Generally, the registration of a Talent with the Platform does not imply validation of his or her Content or Contributions for which he or she retains sole responsibility and liability.


If Eyes on Talents receives notice of blatantly unlawful Content or Contributions, Talents are hereby notified that Eyes on Talents may be required to remove such Content or Contributions from the Platform.


Eyes on Talents may, at its sole discretion, delete Content or a Contribution from the Platform at any time and for any reason.





4.1 Granting a Licence


Conditional upon his or her compliance with provisions in the previous section, Creative Content and Contributions will be the property of the Talent.


However, for Platform service performance purposes, the Talent grants Eyes on Talents, and Eyes on Talents accepts, a non-exclusive, worldwide license, free of charge, over Content and Contributions. This licence will cover the right to use, copy, exhibit or display, publish, adapt (technically) and translate such Content and Contributions on all media.


This licence will remain in full force and effect for as long as the Talent holds an account.


A Talent may terminate the licence for specific content by removing it from the Platform or closing his or her account.


To better promote the Profile of a Talent, Eyes on Talents may suggest adaptations to his or her Content, including to its layout or presentation, and the addition of Content to his or her Profile. Such suggestions will be submitted to the Talent by email. The Talent will be entitled to accept or reject these suggestions within 15 days. If the Talent fails to respond within the 15 day period, the adaptations suggested by Eyes on Talents will be incorporated automatically into the Talent's Profile.


The publishing of content on a Corporate Page ("Page Content") will not grant or imply assignment or licensing of any rights attaching to that Page Content, including intellectual property rights, to Talents able to access that Content.





5. EYES ON TALENTS' INTELLECTUAL PROPERTY RIGHTS


The architecture, design and layout of the Platform, which shall include but not be limited to trademarks, brands, logos, slogans, domain names, databases, software, contents and other components comprising the Platform (hereinafter the "Protected Elements") shall be the exclusive property of Eyes on Talents.


These Terms and Conditions will not grant or imply assignment or licensing to Members of any intellectual property rights attaching to the Platform or Protected Elements.


The Members agree not to do anything that may damage, infringe or jeopardise the Protected Elements directly or indirectly. Accordingly, any use, copying, distribution, sale or creation of derivative works based on the Protected Elements, without the prior written agreement of Eyes on Talents, will be strictly prohibited and may incur liability for infringement.


In particular, the Members agree not:



  • to extract, by means of a permanent or temporary transfer, or use, by supplying it to the public, all or a substantial part (quantitatively or qualitatively) of the Protected Elements or other visible databases for commercial or other purposes;

  • to extract or use repeatedly or systematically all or part of the visible Protected Element data where such extraction or use clearly exceeds normal use for private purposes of the Platform services;

  • to exploit, market, sell or distribute any part of the Protected Elements, especially visible data, or any other database;

  • to use software or manual procedures to copy web pages from the www.eyesontalents.com website or to save or collect information about the Protected Elements, without the express, prior, written consent of Eyes on Talents;

  • to use devices or software to disrupt or in an attempt to disrupt the normal functioning of the Platform; and


to engage in actions that would impose a disproportionate burden on Eyes on Talents' infrastructures.




6. GOOD CONDUCT / PROHIBITED BEHAVIOUR


Eyes on Talents is a social network created for the purpose of facilitating professional exchanges and collaboration. The use of the Eyes on Talents Platform for any purposes other than these will constitute misuse and a deflection away from the purposes and objectives of the Eyes on Talents Platform and services. In using the Platform, the Members formally agree not to engage in any activity that is illegal and/or contrary to public policy or accepted standards of good behaviour (frauds, scams, prostitution, identity theft, violation of third party rights, etc.).


Also, every Member agrees, in its relationships with other Members, not to send junk mail, spam or other unsolicited commercial communications, and not to harass or attempt to harm other Members.


On acquiring membership to Eyes on Talents, every Member will be bound to act honestly and fairly, and to be trustworthy when using the Platform.


Accordingly, to retain Member status, every Member agrees to abide by and comply with the following conditions:



  • to be honest and truthful in its statements and representations;

  • to respect the privacy of the content and messages exchanged with other Members and not to divulge the content of these messages;

  • not to act in breach of the rules of public policy;

  • to comply with applicable laws and regulations;

  • not to incite violence or justify, glorify or advocate terrorism, war crimes or crimes against humanity;

  • not to breach the rules of propriety and decency, and to behave courteously and correctly towards other Members;

  • not in any way to damage or disrupt the normal functioning of the Eyes on Talents Platform and services.


The Platform is an automated data processing system. Any fraudulent access to, hacking of or concealment inside this system shall be prohibited and constitutes a criminal offence. It is also an offence to impede, impair or tamper with the running of this system, to input data, or to delete or modify data already contained within the system. Every Member agrees not to disrupt the effective operation of this automated data processing system, and especially not to introduce viruses, otherwise damage, unlawfully access or modify data stored on the Platform.


Members shall not extract and/or systematically reuse portions of platform content without the prior written consent of Eyes on Talents. In particular, Members shall not use data crawlers, extraction bots or similar data harvesting tools, scrapping services to extract data or reuse a substantial portion of the Platform data.





7. COMPLAINTS AND GRIEVANCES


If a Member does not wish to be contacted by another Member for any reason such as inappropriate behaviour, notice of this wish may be given to the following address: contact@eyesontalents.com.


If any Member notices another Member publishing content in breach of rules defined in Article 4 or engaging in unlawful or prohibited behaviour in breach of Article 6, this Member's behaviour can be reported by mailing the following address: contact@eyesontalents.com.





8. HYPERTEXT LINKS



The Platform may feature hypertext links to third party websites. Eyes on Talents has no control over these websites. It cannot therefore guarantee, incur any responsibility or liability for the availability of these websites, their content or any other elements that they may feature.





9. DISCLAIMERS AND LIABILITY LIMITS


Talents acknowledge that they alone will be responsible and liable for their Profiles, their Creative Content and their Contributions and, generally, their use of the Platform.


Talents acknowledge that Eyes on Talents will have no liability to them for any loss or damage resulting from their use of the Platform (e.g. data losses, lost opportunities or damage to reputation) or inability to access the Platform or use the data stored on the Platform, especially Content and Contributions, for any malfunction, error or interruption in the functioning of the Platform, or for any computer virus transmitted via the network.


The purpose of the Eyes on Talents Platform is to offer a resource assisting its Members to meet and work together or with Visitors. Eyes on Talents cannot guarantee however that its Members or any Visitor will form any professional working relationships or any contractual relationships. Similarly, Eyes on Talents accepts no liability for the Ads posted on the Platform and offers no guarantee to a Talent that his or her candidacy will result in a contractual relationship with a Corporate User or third party. Finally, Eyes on Talents declines all liability for any relationships formed between Members or with Visitors through the Platform and any harm, damage or loss arising from such relationships.


Finally, Eyes on Talents has no control over:



  • Page Content or Ads imported via Corporate Pages (e.g. whether they are lawful, suitable, accurate or up-to-date);

  • any opinions expressed in published content that are personal to those writing them;

  • the status, ability or calibre of those registered on the Platform or featuring in a Corporate Page.


Members alone are responsible and liable for the content that they post and Eyes on Talents cannot be held liable for content published on the Platform.


Eyes on Talents further disclaims all liability for any harm, damage or loss resulting from a breach by a Member of these Terms and Conditions. A Member in breach of these Terms and Conditions will indemnify and hold Eyes on Talents harmless against any legal action taken by another Member or third party and against any judgment entered or award made against Eyes on Talents as a result of its actions.


Eyes on Talents shall not be liable for any shortcomings in the quality, completeness, functional availability or services on the Platform. The Platform is provided "as is".


Talents confirm their acceptance of Internet limitations and shortcomings, in particular in its technical performance levels and response times when consulting, searching or transferring data. Eyes on Talents cannot guarantee continuous, undisrupted, uninterrupted and errorless access to the Platform and will not be liable where Internet usage proves difficult or impossible.


Talents further acknowledge that Platform access may be temporarily suspended to carry out necessary maintenance work and updates.


Eyes on Talents will use its best endeavours to secure Member access to the Platform but cannot provide absolute security. Eyes on Talents shall not be liable for any malfunctions or damage inherent in using the Internet, such as service breakdowns, external intrusions, computer viruses or breaches of IT security that may damage your computer hardware or data.





10. TERMINATION


A Talent will be entitled to terminate this agreement at any time by closing his or her account, benefitting from the Eyes on Talents services until the end of the subscription period.


Where a Talent is in breach of these Terms and Conditions or has broken the law, Eyes on Talents reserves the right, without notice, to suspend or block the Talent's Platform access by closing his or her account temporarily or definitively, without prejudice to any damages that Eyes on Talents may be entitled to claim.





11. PRIVACY AND PERSONAL DATA PROTECTION POLICY


The following provisions provide details of how Eyes on Talents collects and uses personal data belonging to Talents and notifies them of measures taken by Eyes on Talents to protect personal data during use of the Platform in accordance with General Data Protection Regulation (EU) 2016/679 of 27 April 2016 (hereinafter the "GDPR").


Eyes on Talents considers data privacy to be of the greatest importance and undertakes to protect Talent personal data. As data controller, Eyes on Talents is compliant with its GDPR obligations in collecting and processing Talent personal data.


The Data Protection Officer of Eyes on Talents may be contacted at:


Eyes on Talents, DPO,


52, Boulevard Malesherbes,


75008 Paris


or at privacy@eyesontalents.com.


In using the Platform, Talents accept and agree to the collection and use by Eyes on Talents of their personal data in accordance with the terms and conditions set out below.





11.1 Personal Data Collected


Eyes on Talents may collect the personal data of Talents (hereinafter the "Personal Data") through their accounts when they register with the Platform and when they are using it.


The Personal Data collected by Eyes on Talents are as follows:



  • the IP address of any Internet user browsing the Platform;

  • all information supplied by a Talent on registering with the Platform (full name, occupation, employer, email address, telephone contact details, password, …);

  • Content, Contributions and, generally, all information and content supplied by Talents;

  • data resulting from Talent Platform usage (searches carried out, Profiles consulted, messages sent and received, data shared …).


If a Talent refuses his or her consent for Eyes on Talents to harvest Personal Data, Eyes on Talents will be unable to activate his or her account or supply the services.


Eyes on Talents regularly provides Talents with new functionalities. If Eyes on Talents decides to collect substantially different Personal Data or to modify its privacy and Personal Data protection policy substantially, it will inform Talents that it is doing so.





11.2 Purposes of the Processing of Collected Personal Data


Personal Data will be used for the following purposes:



  • managing Platform registration (registering and cancelling subscriptions);

  • allowing access to some Platform functionalities;

  • customising and optimising the efficiency of Platform services, recommending the different Platform content, particularly to Talents (projects, Ads, Profiles…);

  • informing / notifying the Members concerned when a Profile is updated;

  • communications between Eyes on Talents and its Talents;

  • investigating suspicions of fraud or other breaches of the Terms and Conditions, including the investigation of Talents' complaints and grievances;

  • preparing anonymous Platform traffic statistics;

  • conducting marketing research.


Eyes on Talents will be entitled to use the Content, Contributions and, generally, all information and content supplied by Talents for commercial presentation and communication tool creation purposes.





11.3 Data Retention and Data Recipients


A Talent's Personal Data will be retained by Eyes on Talents:



  • for a period of 45 days prior to the validation of his or her account;

  • for as long as his or her account remains open, plus a period of 30 days after its closure, except where a Talent objects or makes a new request. Personal Data will be archived for technical purposes only for applicable retention periods and will be destroyed once they have expired.


Eyes on Talents processes Personal Data both inside and outside of the European Union applying legal processes (checking Members' protection levels and protective contractual terms and conditions) ensuring the legality of cross-border data transfers and safeguarding data confidentiality.


The recipients of Personal Data are Eyes on Talents, Talents, Visitors and the service providers with which Eyes on Talents works.


Unless otherwise provided herein, Eyes on Talents shall not sell, rent or disclose Personal Data to any third party unless a statutory provision, regulation or decision of a court requires it to do so. Eyes on Talents agrees at all times to take all necessary measures to protect Personal Data.







11.4 Rights of Creative Users


Talents are informed that they have a right of access to and of rectification and erasure of, their Personal Data, a right to data portability and a right to object to or restrict processing, or to revoke any previous consent given when their accounts were activated (except with regard to necessary data for the normal operation of accounts and related services), and may exercise these rights at any time by emailing Eyes on Talents at privacy@eyesontalents.com or writing to it at:


Eyes on Talents,
52, Boulevard Malesherbes,
75008 Paris.


A Talent also has the right to issue instructions about what is to be done with Personal Data on death and the right to address a complaint or grievance at any time to the French Data Protection Regulator (CNIL).


At a Talent's request, Eyes on Talents will delete all Personal Data concerning that Corporate User from its database, thus cancelling his or her subscription to Eyes on Talents services.


The Platform offers Talents "Newsletter" services free of charge to which they may subscribe at their discretion. The "Newsletter" will contain talent news and event information in the various creative fields.


Every Talent must express his or her clear and specific consent to receive these free services, which they will confirm on registration.


Eyes on Talents allows Talents no longer wishing to receive the "Newsletter" to be deleted from the distribution list by clicking the "unsubscribe" link at the bottom of the Newsletter.





11.5 Security Measures


Eyes on Talents will use its best endeavours to protect the Personal Data of Talents against damage, loss, misuse, hacking, intrusion, disclosure, tampering and destruction.


Eyes on Talents IT systems enjoy state of the art physical and software protection. It applies physical and electronic backup procedures to protect Personal Data collected on the Platform in accordance with the GDPR.


However, Eyes on Talents has no control over risks associated with Internet use and draws its Talents' attention to their exposure to possible occasional data losses or compromised data privacy when transiting via the Internet.





12. COOKIES


Talents are informed that when they access the Platform, cookies will automatically be installed on the hard drive of their computer terminals.


These cookies will record information about the Talent's Platform browsing (pages visited, date/time of the visit, etc.) and will measure audiences. Their purpose is to make Platform browsing easier, to contribute to service security in some instances and to offer Members services reflecting their areas of interest.


In browsing the Platform, Talents consent to the installation of cookies on their hard drives.


If Talents agree, via their Internet browsers, to cookies being stored on their computer terminals, the cookies integrated into the pages and content they have visited will be saved temporarily to the dedicated space on their hard drives. These cookies will only be visible to their issuer. Talents' consent will only be valid for a period of thirteen (13) months from the date the cookies were first saved to their hard drives following their consent.


Talents may refuse cookies, by adjusting the settings accordingly on their Internet browsers.





13. HOW TO CONTACT US



For information or to ask any question, you may email us at the following address: contact@eyesontalents.com





14. MISCELLANEOUS PROVISIONS


Any failure by Eyes on Talents, at any time, to enforce any of these Terms and Conditions and/or any tolerance of any breach of the obligations defined in these Terms and Conditions shall not be construed as a waiver of the right to enforce any of these Terms and Conditions at a later date.


If one or more of the provisions of these Terms and Conditions are held invalid by law or regulation or unenforceable pursuant to a ruling that has become res judicata of a court of competent jurisdiction, the other provisions shall remain in full force and effect. Eyes on Talents will be entitled, depending on the circumstances, to replace the invalid or unenforceable provision with a new provision effective in re-establishing the common will and intent of the Parties in accordance with the applicable law.


The section titles in these Terms and Conditions are for information and ease of reference purposes only and will not have any legal value.





15. APPLICABLE LAW - DISPUTES


These Terms and Conditions will be governed by French law.


In case of a dispute, a Talent may elect to use a contractual mediation procedure or any other alternative dispute settlement method.


If mediation should fail, jurisdiction over any dispute and/or difficulty in construing or executing these Terms and Conditions will lie with the Paris courts of competent jurisdiction.










EYES ON TALENTS PLATFORM GENERAL TERMS AND CONDITIONS OF USE VISITORS AND GUESTS


Most recent update: 26 November 2019





Eyes on Talents, a digital platform accessible via the www.eyesontalents.com website (hereinafter the "Platform"), is the Talent Place for strongly innovative and creative brands, which facilitates searching for, discovering and establishing contact with today's and tomorrow's creative and management talents.


The Platform facilitates meeting and professional collaboration opportunities between members registered with the Platform who are looking for talents and talents registered with the Platform.


Professionals looking for talents on the Platform are clients that have either purchased a paid subscription to the Platform (hereinafter the "Clients") or are partners of Eyes on Talents (hereinafter the "Partners").


The Clients and Partners will hereinafter together referred to as the "Corporate Users".


The talents registered with the Platform will hereinafter together be referred to as the "Talents".


Talents not registered with the Platform will hereinafter be referred to as "Visitor(s)".


Partners have the ability to share Talent profiles (hereinafter the "Profiles") with third parties. Similarly, Talents may share their Profiles with third parties.


These third parties will hereinafter be referred to as "Guests".


Corporate Users, Talents and Guests are "Members" of the Platform.


By using the Platform, Visitors or Guests acknowledge that they are familiar with and accept, unrestrictedly and unreservedly, these general terms and conditions of use (hereinafter the "Terms and Conditions").


Eyes on Talents reserves the right to amend these Terms and Conditions in whole or in part at any time. If these Terms and Conditions are modified, Corporate Users will receive notice in the form of an alert sent to their notification centre. The amended version of these Terms and Conditions will come into force ten (10) days after this notice. Visitors or Guests will be able to see the date when Eyes on Talents made its most recent changes from the "most recent update" date stated above.


If a Visitor does not accept any change to the Terms and Conditions, it will be free to cease using the Platform by closing its account.





1. SERVICES


1.1 Description of the Services to Visitors


Eyes on Talents will offer Visitors the following services on the Platform:



  • creation of an account to access the public pages created by Corporate Users ("Corporate Pages");

  • ability to consult Corporate Pages and access to their functionalities;

  • contact via the Eyes on Talents messaging service with those Corporate Users that have received notice of the Visitor.


1.2 Description of the Services to Guests


Eyes on Talents will offer Guests the following services on the Platform:



  • creation of an account to access the Platform;

  • ability to consult Corporate Pages and access to their functionalities;

  • ability to consult and annotate only those Profiles and lists of Profiles that have been sent to them on the conditions defined in Article 3 of these Terms and Conditions;

  • contact with the Talents whose Profiles have been shared with them on the conditions defined in Article 3 of these Terms and Conditions;

  • contact via the Eyes on Talents messaging service with those Partners that have shared a Profile or list of Profiles with the Guest.







2. TERMS AND CONDITIONS FOR CORPORATE USER ACCESS TO THE PLATFORM


2.1 Right to Services



If you are using the Platform on behalf of a company, business or a third party, you represent and warrant that you have the requisite authority to do so and to render these Terms and Conditions binding on the company, business or third party in question. Your acceptance of these Terms and Conditions will be deemed acceptance by that company, business or third party. In this case, Eyes on Talents may hold you liable for any breaches of this agreement by that company, business or third party.





2.2. Registration and Connection


2.2.1 Registration and Connection of Visitors


To be entitled to use the services offered to it by Eyes on Talents, a Visitor must first complete the questionnaire as his or her first action on a Corporate Page.


When doing so, the Visitor will be asked to provide the following information, including full name and email address.


The Visitor warrants that the information supplied to open an account is accurate. Information authenticity is not checked by Eyes on Talents.


Eyes on Talents invites Visitors to consult Article 11 below for further details of Eyes on Talents' privacy policy concerning its use of their personal data and of the terms and conditions for the exercise of their rights.





2.2.2 Registration and Connection of Guests


To be entitled to use the services offered to it by Eyes on Talents, a Guest must first follow the hypertext link received by email when a Profile is shared by a Talent or Partner and create an account on the Platform.


When doing so, the Guest will be asked to provide the following information, including full name and email address.


The Guest warrants that the information supplied to open an account is accurate. Information authenticity is not checked by Eyes on Talents.


Eyes on Talents invites Guests to consult Article 11 below for further details of Eyes on Talents' privacy policy concerning its use of their personal data and of the terms and conditions for the exercise of their rights.




2.3 Security and Use of Connection ID and Password


Visitors' or Guests' connection logins and passwords are confidential and reserved for their use alone. Accordingly, Visitors or Guests undertake to protect the confidentiality of their logins and passwords and under no circumstances to divulge them to third parties. Visitors or Guests shall be deemed liable for any action resulting from a connection to the Platform using their connection IDs. Under no circumstances will Eyes on Talents be held liable for the consequences of any such use.


If a password is lost or forgotten, the Visitor or Guest will have access to a dedicated link on the Platform in order to reset the password.


If a Visitor's or Guest's password is used by a third party without their authority, the Visitor or Guest will be liable for any harm, damage or loss occasioned by the unauthorised use and will be duty-bound to change the password via the dedicated Platform page as soon s possible.


Visitors or Guests are also responsible for the security of the technical and IT installation that they use to access the Platform.





3. HOW THE PLATFORM OPERATES


3.1 Profile Consultation and Annotation


The range of Profiles to which a Guest will have access (hereinafter the "Profile Range") will be limited to:



  • public Profiles;

  • Profiles shared with the Guest by a Member, Partner or Talent;


Guests will be entitled to visit Profiles containing personal and professional information supplied by the Talent, including general career information, information about projects or about higher education, together with any artistic content relative to the Talent's own projects or projects in which he or she has been involved, including photographs, images, all forms of graphics and hypertext links connecting to other content such as videos (hereinafter the "Content").


A Guest will be able to annotate (wording, colours, labelling...) Profiles within its Profile Range.





3.2 Bringing Members Together


Where a Visitor sends a notification or presents his or her candidacy to a corporate User via its Corporate Page, the Corporate User will be able to contact the Visitor directly via the Eyes on Talents messaging system or using the contact details provided.


Where a Talent shares his or her Profile with a Guest, the Guest will be able to contact the Talent directly via the Eyes on Talents messaging system or using the contact details provided.


If a Partner shares a Profile or list with a Guest, the Guest will be able, with the Partner's consent, to contact the Talent(s) directly via the Eyes on Talents messaging system and, in any event, to contact the Partner that originally shared the Profile or list via the messaging system.





4. RULES GOVERNING CONTENT


Publishing content on a Corporate Page ("Page Content") or Content on the Platform will not grant or imply assignment or licensing of any rights attaching to such content, including intellectual property rights, to Visitors or Guests that have such content.


Visitors and Guests agree not to use such content to which they have access in any way whatsoever outside the scope of the services supplied to them on the Platform.





5. EYES ON TALENTS' INTELLECTUAL PROPERTY RIGHTS


The architecture, design and layout of the Platform, which shall include but not be limited to trademarks, brands, logos, slogans, domain names, databases, software, contents and other components comprising the Platform (hereinafter the "Protected Elements") shall be the exclusive property of Eyes on Talents.


These Terms and Conditions will not grant or imply assignment or licensing to Visitors or Guests of any intellectual property rights attaching to the Platform or Protected Elements.


Visitors and Guests agree not to do anything that may damage, infringe or jeopardise the Protected Elements directly or indirectly. Accordingly, any use, copying, distribution, sale or creation of derivative works based on the Protected Elements, without the prior written agreement of Eyes on Talents, will be strictly prohibited and may incur liability for infringement.


In particular, Visitors and Guests agree not:



  • to extract, by means of a permanent or temporary transfer, or use, by supplying it to the public, all or a substantial part (quantitatively or qualitatively) of the Protected Elements or other visible databases for commercial or other purposes;

  • to extract or use repeatedly or systematically all or part of visible Protected Element data where such extraction or use clearly exceeds normal use for private purposes of the Platform services;

  • to exploit, market, sell or distribute any part of the Protected Elements, especially visible data, or any other database;

  • to use software or manual procedures to copy web pages from the www.eyesontalents.com website or to save or collect information about the Protected Elements, without the express, prior, written consent of Eyes on Talents;

  • to use devices or software to disrupt or in an attempt to disrupt the normal functioning of the Platform; and

  • to engage in actions that would impose a disproportionate burden on Eyes on Talents' infrastructures.





6. GOOD CONDUCT / PROHIBITED BEHAVIOUR


Eyes on Talents is a social network created for the purpose of facilitating professional exchanges and collaboration. The use of the Eyes on Talents Platform for any purposes other than these will constitute misuse and a deflection away from the purposes and objectives of the Eyes on Talents Platform and services. In using the Platform, Visitors and Guests formally agree not to engage in any activity that is illegal and/or contrary to public policy or accepted standards of good behaviour (frauds, scams, prostitution, identity theft, violation of third party rights, etc.).


Also, every Member agrees, in its relationships with the Members, not to send junk mail, spam or other unsolicited commercial communications and not to harass or attempt to harm the Members.


On attribution of an account affording them access to Platform services, every Visitor and every Guest will be duty-bound to act honestly and fairly, and to be trustworthy when using the Platform.


Accordingly, to retain this account, every Visitor and every Guest agrees to abide by and comply with the following conditions:



  • to be honest and truthful in its statements and representations;

  • to respect the privacy of the content and messages exchanged with the Members and not to divulge the content of these messages;

  • not to act in breach of the rules of public policy;

  • to comply with applicable laws and regulations;

  • not to incite violence or justify, glorify or advocate terrorism, war crimes or crimes against humanity;

  • not to breach the rules of propriety and decency, and to behave courteously and correctly towards the Members;

  • not in any way to damage or disrupt the normal functioning of the Eyes on Talents Platform and services.


The Platform is an automated data processing system. Any fraudulent access to, hacking of or concealment inside this system shall be prohibited and constitutes a criminal offence. It is also an offence to impede, impair or tamper with the running of this system, to input data, or to delete or modify data already contained within the system. Every Member agrees not to disrupt the effective operation of this automated data processing system, and especially not to introduce viruses, otherwise damage, unlawfully access or modify data stored on the Platform.


Visitors and Guests shall not extract and/or systematically reuse portions of platform content without the prior written consent of Eyes on Talents. In particular, Visitors and Guests shall not use data crawlers, extraction bots or similar data harvesting tools, scrapping services to extract data or reuse a substantial portion of the Platform data.





7. COMPLAINTS AND GRIEVANCES


If a Visitor or Guest does not wish to be contacted by another Member for any reason such as inappropriate behaviour, notice of this wish may be given to the following address: contact@eyesontalents.com


If any Visitor or Guest notices a Member publishing content in breach of rules defined in Article 4 or engaging in unlawful or prohibited behaviour in breach of Article 6, this Member's behaviour can be reported by mailing the following address: contact@eyesontalents.com.





8. HYPERTEXT LINKS



The Platform may feature hypertext links to third party websites. Eyes on Talents has no control over these websites. It cannot therefore guarantee, incur any responsibility or liability for the availability of these websites, their content or any other elements that they may feature.





9. DISCLAIMERS AND LIABILITY LIMITS


Visitors and Guests acknowledge that they alone will be responsible and liable for their accounts and their use of the Platform.


Visitors and Guests acknowledge that Eyes on Talents will have no liability to them for any loss or damage resulting from their use of the Platform (e.g. data losses, lost opportunities or damage to reputation) or inability to access the Platform or use the data stored on the Platform, especially Content, for any malfunction, error or interruption in the functioning of the Platform, or for any computer virus transmitted via the network.


The purpose of the Eyes on Talents Platform is to offer a resource assisting its Members to meet and work together or with Visitors. Eyes on Talents cannot guarantee however that its Members or any Visitor will form any professional working relationships or any contractual relationships. Finally, Eyes on Talents declines all liability for any relationships formed between Members or with Visitors through the Platform and any harm, damage or loss arising from such relationships.


Finally, Eyes on Talents has no control over:



  • Page Content or Ads imported via Corporate Pages (e.g. whether they are lawful, suitable, accurate or up-to-date);

  • any opinions expressed in published content that are personal to those writing them;

  • the status, ability or calibre of those registered on the Platform or featuring in a Corporate Page.


Eyes on Talents further disclaims all liability for any harm, damage or loss resulting from a breach by a Visitor or Guest of these Terms and Conditions. A Visitor or Guest in breach of these Terms and Conditions will indemnify and hold Eyes on Talents harmless against any legal action taken by a Member or third party and against any judgment entered or award made against Eyes on Talents as a result of its actions.


Eyes on Talents shall not be liable for any shortcomings in the quality, completeness, functional availability or services on the Platform. The Platform is provided "as is".


Visitors and Guests confirm their acceptance of Internet limitations and shortcomings, in particular in its technical performance levels and response times when consulting, searching or transferring data. Eyes on Talents cannot guarantee continuous, undisrupted, uninterrupted and errorless access to the Platform and will not be liable where Internet usage proves difficult or impossible.


Visitors and Guests further acknowledge that Platform access may be temporarily suspended to carry out necessary maintenance work and updates.


Eyes on Talents will use its best endeavours to secure Visitor or Guest access to the Platform but cannot provide absolute security. Eyes on Talents shall not be liable for any malfunctions or damage inherent in using the Internet, such as service breakdowns, external intrusions, computer viruses or breaches of IT security that may damage your computer hardware or data.





10. TERMINATION


Any Visitor or Guest will be entitled to terminate this agreement at any time by closing its account.


Where a Visitor or Guest is in breach of these Terms and Conditions or has broken the law, Eyes on Talents reserves the right, without notice, to suspend that Visitor's or Guest's Platform access by closing its account temporarily or definitively, without prejudice to any damages that Eyes on Talents may be entitled to claim.





11. PRIVACY AND PERSONAL DATA PROTECTION POLICY


The following provisions provide details of how Eyes on Talents collects and uses personal data belonging to Visitors or Guests and notifies them of measures taken by Eyes on Talents to protect personal data during use of the Platform in accordance with General Data Protection Regulation (EU) 2016/679 of 27 April 2016 (hereinafter the "GDPR").


Eyes on Talents considers data privacy to be of the greatest importance and undertakes to protect Visitor or Guest personal data. As data controller, Eyes on Talents is compliant with its GDPR obligations in collecting and processing Corporate User personal data.


The Data Protection Officer of Eyes on Talents may be contacted at:


Eyes on Talents, DPO,
52, Boulevard Malesherbes,
75008 Paris


or at privacy@eyesontalents.com.


In using the Platform, Visitors and Guests accept and agree to the collection and use by Eyes on Talents of their personal data in accordance with the terms and conditions set out below.





11.1 Personal Data Collected


Eyes on Talents may collect the personal data of Visitors or Guests (hereinafter the "Personal Data") through their accounts when they register with the Platform and when they are using it.


The Personal Data collected by Eyes on Talents are as follows:



  • the IP address of any Internet user browsing the Platform;

  • information disclosed by a Visitor or Guest on registering with the Platform (full name and email address);

  • all information and content supplied by Visitors and Guests;

  • data resulting from Visitor or Guest Platform usage (searches carried out, Profiles consulted, messages sent and received …).


If a Visitor or Guests refuses its consent for Eyes on Talents to collect Personal Data, Eyes on Talents will be unable to activate its account or supply the services.


Eyes on Talents regularly offers new functionalities. If Eyes on Talents decides to collect substantially different Personal Data or to modify its privacy and Personal Data protection policy substantially, it will inform Visitors and Guests that it is doing so.





11.2 Purposes of the Processing of Collected Personal Data


Personal Data will be used for the following purposes:



  • managing Platform registration (registering and cancelling subscriptions);

  • allowing access to some Platform functionalities;

  • customising and optimising the efficiency of Platform services, recommending the different Platform content, particularly to Members (projects, Ads, Page Content, Profiles…);

  • communications between Eyes on Talents and Visitors or Guests;

  • investigating suspicions of fraud or other breaches of the Terms and Conditions, including the investigation of Members' complaints and grievances;

  • preparing anonymous Platform traffic statistics;

  • conducting marketing research.











11.3 Data Retention and Data Recipients


A Visitor's or Guest's Personal Data will be retained by Eyes on Talents for as long as the their accounts remain open, plus a period of 3 years after closure of its account except where a Visitor or Guest objects or makes a new request. Personal Data will be archived for technical purposes only for applicable retention periods and will be destroyed once they have expired.


Eyes on Talents processes Personal Data both inside and outside of the European Union applying legal processes (checking Members' and account protection levels and protective contractual terms and conditions) ensuring the legality of cross-border data transfers and safeguarding data confidentiality.


The recipients of Personal Data are Eyes on Talents and the service providers with which Eyes on Talents works.


Unless otherwise provided herein, Eyes on Talents shall not sell, rent or disclose Personal Data to any third party unless a statutory provision, regulation or decision of a court requires it to do so. Eyes on Talents agrees at all times to take all necessary measures to protect Personal Data.





11.4 Rights of Members


Visitors and Guests are informed that they have a right of access to and of rectification and erasure of, their Personal Data, a right to data portability and a right to object to or restrict processing, or to revoke any previous consent given when their accounts were activated (except with regard to necessary data for the normal operation of accounts and related services), and may exercise these rights at any time by emailing Eyes on Talents at privacy@eyesontalents.com or writing to it at:


Eyes on Talents,
52, Boulevard Malesherbes,
75008 Paris.


Visitors and Guests also have the right to issue instructions about what is to be done with Personal Data on death and the right to address a complaint or grievance at any time to the French Data Protection Regulator (CNIL).


At a Visitor's or Guest's request, Eyes on Talents will delete all Personal Data concerning that Visitor or Guest from its database, thus cancelling any registration with the Platform.


The Platform offers Visitors and Guests "Newsletter" services free of charge to which they may subscribe at their discretion. The "Newsletter" will contain talent news and event information in the various creative fields.


Visitors and Guests must express their clear and specific consent to receive these free services, which they will confirm on registration.


Eyes on Talents allows Visitors and Guests no longer wishing to receive the "Newsletter" to be deleted from the distribution list by clicking the "unsubscribe" link at the bottom of the Newsletter.





11.5 Security Measures


Eyes on Talents will use its best endeavours to protect the Personal Data of Visitors and Guests against damage, loss, misuse, hacking, intrusion, disclosure, tampering and destruction.


Eyes on Talents IT systems enjoy state of the art physical and software protection. It applies physical and electronic backup procedures to protect Personal Data collected on the Platform in accordance with the GDPR.


However, Eyes on Talents has no control over risks associated with Internet use and draws Visitors' and Guests' attention to their exposure to possible occasional data losses or compromised data privacy when transiting via the Internet.




12. COOKIES


Visitors and Guests are informed that when they access the Platform, cookies will automatically be installed on the hard drive of their computer terminals.


These cookies will record information about Visitors' or Guests' Platform browsing (pages visited, date/time of the visit, etc.). Its purpose is to make Platform browsing easier, to contribute to service security in some instances and to offer Visitors and Guests services reflecting their areas of interest.


In browsing the Platform, Guests consent to the installation of cookies on their hard drives.


If Visitors or Guests agree, via their Internet browsers, to cookies being stored on their computer terminals, the cookies integrated into the pages and content they have visited will be saved temporarily to the dedicated space on their hard drives. These cookies will only be visible to their issuer. Visitors' and Guests' consent will only be valid for a period of thirteen (13) months from the date the cookies were first saved to their hard drives following their consent.


Visitors and Guests may refuse cookies, by adjusting the settings accordingly on their Internet browsers.





13. HOW TO CONTACT US



For information or to ask any question, you may email us at the following address: contact@eyesontalents.com





14. MISCELLANEOUS PROVISIONS


Any failure by Eyes on Talents, at any time, to enforce any of these Terms and Conditions and/or any tolerance of any breach of the obligations defined in these Terms and Conditions shall not be construed as a waiver of the right to enforce any of these Terms and Conditions at a later date.


If one or more of the provisions of these Terms and Conditions are held invalid by law or regulation or unenforceable pursuant to a ruling that has become res judicata of a court of competent jurisdiction, the other provisions will remain in full force and effect. Eyes on Talents will be entitled, depending on the circumstances, to replace the invalid or unenforceable provision with a new provision effective in re-establishing the common will and intent of the Parties in accordance with the applicable law.


The section titles in these Terms and Conditions are for information and ease of reference purposes only and shall not have any legal value.





15. APPLICABLE LAW - DISPUTES


These Terms and Conditions will be governed by French law.


In case of a dispute, a Visitor or Guest may elect to use a contractual mediation procedure or any other alternative dispute settlement method.


If mediation should fail, jurisdiction over any dispute and/or difficulty in construing or executing these Terms and Conditions will lie with the Paris courts of competent jurisdiction.