• FYTE

Allgemeine Geschaftsbedingungen

FYTE is a recruitment platform which presents the profiles of candidates who have been interviewed and selected by FYTE (the “FYTE Profiles”) and advertises job vacancies.

These contractual terms and conditions govern the use of the services on offer on the FYTE website. With the exception of the consultation of the FYTE Profiles and job vacancies which are freely available and do not require users to have registered beforehand, the use of the other services available on FYTE (the “FYTE Services”) require users to have read and accepted these Contractual Terms and Conditions beforehand. This acceptance is given when users electronically tick the box “I have read and accept the FYTE Contractual Terms and Conditions” below and then click on the “Confirm” button.

 

1 THE services OFFERED BY FYTE

1.1. OPENING OF A CANDIDATE OR CORPORATE ACCOUNT

Jobseekers may register on the FYTE website by opening a “CANDIDATE” account. The said “CANDIDATE” account enables its holder to reply to the job vacancies that are advertised on the FYTE website or to subscribe to alerts notifying them of the job vacancies that correspond to the parameters they have set.

Companies with job vacancies may open a “CORPORATE” account. The said account may be opened by individuals acting in a professional capacity on their own account or on behalf of the legal entity they represent. This account enables its holder to select the FYTE Profiles that are likely to correspond to the job vacancy and inform a contact person at FYTE (“FYTE contact person”). This account also enables the holder to subscribe to alerts if FYTE profiles corresponding to set parameters (position held, sector of activity and location) are posted on the Website. The FYTE Profiles that are visible on the Website are anonymised. Employers shall receive the information concerning the identity of candidates who may correspond to the job vacancy after they have accepted and signed an assignment agreement with FYTE.

 

1.2. SPECULATIVE JOB APPLICATION

Jobseekers may send their CV and submit their application to FYTE via “the speculative job application” service. The application shall then be sent to an FYTE consultant who will be able to submit it to customers or potential prospects.

In order to submit an application, users must accept these Contractual Terms and Conditions even if this does not involve the opening of a CANDIDATE account.

It should also be noted that the submission of an application to FYTE does not automatically result in FYTE creating an FYTE profile or candidate information sheet. Indeed, the persons who are presented on the website have been interviewed and selected by FYTE

2 PERSONAL INFORMATION AND USERS’ REPRESENTATIONS

2.1 PERSONAL INFORMATION TO BE PROVIDED BY USERS

In order to use the services available on the FYTE website, persons opening a CANDIDATE account, or a CORPORATE account or even those submitting a speculative job application (hereinafter to be referred to as the “Users”) must provide a range of personal information.

Information to be provided when opening a CANDIDATE or CORPORATE account

Persons who wish to open a CANDIDATE account shall provide the following information: title, last name, first name, email address, telephone number, address, position, sector of activity, immediately available or not and type of contract (Fixed-term contracts/temporary work or open-ended contract). Candidates may also import their CV from a file, or from their Linkedin or Viadeo profile.

Persons who wish to open a CORPORATE account shall provide the following information: title, last name, first name, email address and telephone number. They shall also provide the name of the legal entity for which they are acting or representing (the company) and the title of the position they hold at the company for which they are acting and which they represent (position). They shall indicate the profiles sought (position and/or sector) and may decide that the search criteria chosen serve as the basis for the searches carried out by FYTE. They may also subscribe to alerts if profiles which correspond to set parameters (position held, sector of activity and location) are posted on the Website.

Information to be provided when submitting a speculative job application

Persons who wish to submit a speculative job application shall provide the following information: last name, first name, address, telephone number, position and sector of activity. Candidates may also import their CV from a file or from their Linkedin profile.

 

2.2 ACCURACY OF THE INFORMATION PROVIDED

When they register on the website or submit a speculative job application and accept these Contractual Terms and Conditions, the Users certify they are 18 or over and have the full legal capacity to enter into an agreement. Likewise, they certify that the information that is directly provided in this way or via their Linkedin profiles is true, accurate, complete, honest and up to date. FYTE shall not under any circumstances be held liable for the consequences of an inaccurate entry. In addition, the Users hereby undertake to inform FYTE in writing of any or all modification concerning their situation (and in particular a change of address, telephone number, email address etc.).

The User expressly acknowledges that any or all failure to comply with the aforementioned obligations to inform is likely to deprive them of the right to benefit from FYTE services. FYTE shall also be entitled to refuse any or all registration request or terminate any or all account that has been opened without notice if it appears that the information provided is incomplete, inaccurate or misleading. If there is any doubt or hesitation concerning the content of the commitments made within the framework of these terms and conditions, the Internet user should put an end to the registration process and send his/her questions to the following address.

 

2.3. INFORMATION concerning the PROCEDURES IMPLEMENTED TO process personal information

  • Processing of information concerning persons holding a CANDIDATE account
  • Procedures implemented and objectives sought: promotion of the application with customers or prospects of FYTE and visitors of the FYTE Website, monitoring of compliance by the Candidates with these Contractual Terms and Conditions and the letter of the law (and in particular the identification of content creators).
  • Identity of the recipients of the information: FYTE staff or staff of one of the companies of the MORGAN PHILIPS Group, Internet users visiting the FYTE Website, customers and prospects of FYTE who/which have job vacancies.
  • Identity of the person in charge of the processing: FYTE
  • Period of time the information is kept: 2 years after the last contact with the Candidate unless the latter expressly requests an extension of the said period.
  • Processing of information concerning persons holding a CORPORATE account

The information requested is collected for the following purposes: identification, sending of notifications, monitoring of the customer relationship and invoicing.

The recipients of the information are FYTE staff or staff of one of the companies of the MORGAN PHILIPS Group. The company in charge of processing is the FYTE company.

The information provided by the User is kept for a period of two (2) years after the last connection to the service using the identifiers.

  • Processing of information concerning persons submitting a speculative job application
  • Procedures implemented and objectives sought: promotion of the application with customers or prospects of FYTE and visitors of the FYTE Website, monitoring of compliance by the Candidates with these Contractual Terms and Conditions and the letter of the law.
  • Identity of the recipients of the information: FYTE staff or staff of one of the companies of the MORGAN PHILIPS Group, Internet users visiting the FYTE Website, customers and prospects of FYTE who/which have job vacancies.
  • Identity of the person in charge of the processing: FYTE
  • Period of time the information is kept: 2 years after the last contact with the Candidate unless the latter expressly requests an extension of the said period.

 

2.4. DATA PROTECTION

Users are hereby reminded that the information available on the FYTE website is legally protected as personal information and as elements of a database. Users shall thus refrain from collecting and using, in any manner whatsoever, the information to be found on the FYTE website and in the FYTE databases for purposes other than a normal use of the service as laid down in these contractual terms and conditions.

 

3. SPECIAL TERMS AND CONDITIONS THAT APPLY TO PERSONS HOLDING A CANDIDATE ACCOUNT OR SUBMITTING A SPECULATIVE JOB APPLICATION

3.1 ACCURACY OF THE REPRESENTATIONS

In order to allow FYTE to carry out its job-finding role properly, persons who wish to submit a speculative job application or open a CANDIDATE account must provide a range of information concerning their training, skills and work experience, in particular via their CV, in addition to the usual information which is used to identify them.

Candidates or persons submitting a speculative job application hereby certify that the information and representations contained in their CV or in their profile and generally speaking the information given to FYTE is true, complete, accurate and up to date. They hereby undertake to inform FYTE of any or all modification to their situation which might affect its job-finding role (in particular changes to their contact details, if they find a job or if they stop looking for one).

Candidates or persons submitting a speculative job application hereby expressly acknowledge and accept that any or all deliberate omission or false representation may deprive them of the right to benefit from FYTE services and as a consequence of a possible job.

FYTE hereby reserves the right to refuse any or all candidate who might provide incomplete, inaccurate or misleading information and take the legal action it deems appropriate against the person who made such representations or gave such information.

 

3.2 AN OBJECTIVE CONTENT which is related to THE SEARCH FOR A JOB

Candidates or persons who submit a speculative job application shall refrain from making any or all statements or providing any or all information in any or all document or communication which is intended for the Website that are/is unrelated to his/her skills or the job for which he/she is applying or looking for.

In particular, they shall refrain from mentioning their family circumstances, their health, their age, their lifestyle, their sexual identity or orientation, their political or philosophical opinions, they trade union activities, their membership or non-membership of an ethnic group, nation, race or given religion, the offences committed, the sentences and imprisonment or more generally speaking any or all information which is unrelated to the search for a job.

 

3.3 Absence OF UNLAWFUL AND/OR DISPARAGING REMARKS

Candidates or persons who submit a speculative job application shall refrain from making any or all remarks that are contrary to public policy, public security or go against accepted standards of behaviour and shall refrain from using any or all outrageous, foul or ambiguous language.

Candidates or persons who submit a speculative job application hereby undertake only to send CVs to FYTE that comply in full with legal and regulatory provisions that are applicable in France and the European Union.

In particular, candidates or persons who submit a speculative job application shall refrain from including in their CVs any or all content or remark which is against the law and in particular any or all content which encourages people to commit crimes or offences, which advocates crime, war crimes, crimes against humanity, crimes and offences of collaborating with the enemy, which questions crimes against humanity as well as any or all types of genocide, which encourages and advocates acts of terrorism, encourages discrimination, hatred and violence against persons because of their origins, and their membership or non-membership of an ethnic group, nation, race or religion, their gender, their sexual orientation, their disability, which disseminates or reproduces false news, fabricated or falsified documents or documents which are wrongly attributed to third parties.

 

Candidates or persons who submit a speculative job application shall also refrain from making disparaging or defamatory or abusive remarks against individuals or legal entities. They hereby undertake in particular not to disparage their former employers or colleagues.

Candidates or persons who submit a speculative job application shall refrain from promoting any product, service or company whatsoever or illegal activities.

FYTE hereby reserves the right to refuse any or all profile or CV which is contrary to this charter, the laws and regulations in force in the French Republic and European Union.

 

4. LIABILITY AND CLOSURE OF AN ACCOUNT

4.1 GENERAL REMARKS

FYTE shall endeavour to provide a continuous access to the Website. However, the User is hereby warned of the inherent limitations of the Internet network and hereby acknowledges that he/she has been informed that FYTE does not warrant that the website shall be available on a permanent basis and that it shall operate error free. Employers and Candidates are hereby informed that the website may occasionally be unavailable in order to update it or for maintenance purposes without any prior notice being provided.

More generally speaking, FYTE shall not be held liable for any or all consequential damage resulting from the performance or non-performance of its contractual obligations, such as commercial or financial loss, loss of clientele, loss of brand image, loss of profits, loss of orders or any commercial disturbance whatsoever. For all intents and purposes, it is hereby expressly stated and accepted by the Users that any or all loss of data, irrespective of the context and nature of the said loss, shall constitute consequential loss for which compensation shall not be paid pursuant to the provisions of this article.

It is hereby expressly agreed that any or all liability claim against FYTE shall be time barred 2 years from the date on which the fact at the origin of the claim first appeared.

 

4.2 Suspension AND CLOSURE OF AN ACCOUNT

In all cases where the User breaches all or part of these contractual terms and conditions or uses the FYTE service for inappropriate or fraudulent purposes, FYTE hereby reserves the right to suspend access to the account without giving prior notice. In the case of serious misconduct on the part of the User, FYTE shall be free to close the account at its discretion.

FYTE hereby reserves the right to suspend or terminate the account of any or all USER who/which does not comply with his/her/its obligations pursuant to the Terms and Conditions of Service. FYTE shall also be entitled, at its discretion, to suspend or delete any or all accounts which have been inactive for twenty-four (24) months. In all events, FYTE shall be entitled to interrupt, modify or put an end to the services offered on the Website at any time and without prior notice.

It is hereby stipulated that FYTE shall be entitled to refuse any or all new registration from an USER who/which has already been excluded or where FYTE has reason to believe that he/she/it is acting on behalf of an EMPLOYER whose representatives have already been excluded from the Website.

The Users shall be free to terminate their contract with FYTE at any time and without prior notice. To do this, they must send a request to terminate their account by email to the following address: privacy@fyte.com. The termination of the account shall be effective within 72 working hours after the request has been sent.

 

5. MISCELLANEOUS

The computerised records, which are kept in the computer systems of FYTE in reasonable security conditions, shall be considered to be proof of the notification and sending of various information between the parties. They may be used as evidence with regard to the User or within the framework of any or all dispute.

The employers hereby authorise FYTE to quote their names publicly, and in particular on the FYTE Website, as a business reference.