Terms and conditions of use

1. Purpose and applicable documents

TalentsHotels is a website connecting people looking for a job in the hotel and catering industry with establishments or recruitment agencies offering positions.

The site is operated by I.R.I.S. FORMATION CONSEIL, a French simplified joint-stock company with share capital of 1,000 euros, registered office at 9 rue des Colonnes, 75002 Paris, France, registered with the Paris trade and companies register under number 905 385 928, hereinafter "the operator".

These terms govern the use of the site. Accepting them is necessary in order to create an account, and that acceptance is recorded with its date.

Three documents apply. Where they contradict one another, the one highest in this table prevails.

The site makes introductions; it is party to no employment contract. It guarantees neither that a job will be obtained, nor that a candidate will be recruited, nor the accuracy of the information users publish.

2. The three roles

The candidate

A natural person who creates an account in order to present themselves and apply. They fill in their profile, decide on its visibility, apply to adverts and exchange messages with employers.

The employer

An establishment or a recruitment agency, acting for professional purposes. They publish adverts, consult the applications received, offer interviews and exchange messages with candidates. Their account is reviewed by the operator before it can be used.

The operator

It administers the site. It approves or refuses employer accounts and candidate profiles, checks adverts before they are published, handles reports, and may suspend an account in the cases set out in article 11. For that purpose it has full access to accounts and technical logs, limited to those people who need it.

3. Creating, accepting and deleting an account

The service is reserved for adults. On registration, the candidate declares being at least eighteen years old by checking a box provided for that purpose; that declaration is recorded together with their acceptance of these terms. No date of birth is requested.

Where the operator learns that an account belongs to a minor, it deletes the account, together with the data attached to it, and informs the holder at the account's address.

Registration requires providing accurate information and keeping it up to date.

Acceptance of these terms and of the privacy policy is given by means of a box that the site never checks in advance, accompanied by links to the documents. Employers additionally accept the terms and conditions of sale.

The operator records, for each account, the version of each document accepted and the date of that acceptance. Where a new version alters the substance, acceptance is requested again at the next sign-in, before the account can continue to be used. A user who does not wish to accept may sign out and request the deletion of their account.

An account is personal. It may be neither shared nor transferred. Its holder is responsible for the confidentiality of their password and for the acts carried out from their account.

The deletion of an account is requested from the settings. It requires the password and an explicit confirmation. It erases the account, the profile, the files uploaded, the applications, the messages, the interviews, the relay address, the unsolicited applications and the settings. It is final.

An account with no sign-in for twenty-four months is deleted, after a warning by email and a period of thirty days. Signing in during that period cancels the deletion.

Invoices issued are kept despite the deletion of the account, the law requiring them to be kept for ten years.

4. Messaging and relay addresses

The site's messaging serves exchanges relating to an application or to a position. An employer may write to a candidate without a prior application.

It is prohibited to send through it:

• advertising or a commercial solicitation
• an offer unrelated to employment
• insulting, discriminatory or unlawful content
• a request for money addressed to a candidate, on any ground whatsoever

To avoid disclosing a candidate's personal address, the site assigns them a relay address on the candidats.talentshotels.com domain. Messages reaching it are forwarded to them.

That address must not be used for purposes other than exchanges with that candidate about a job, nor passed to a third party, nor added to a prospecting file.

The site automatically collects the emails sent to those relay addresses in order to forward them, and may set aside a message that relates to no exchange.

5. The unsolicited application

A candidate may send their application to an establishment that is not registered on the site, where that establishment has published a recruitment address and confirmed it.

That sending requires the candidate's express agreement, obtained for each sending. The wording they consent to and the date of their agreement are recorded.

The site limits those sendings.

Any establishment may request, through the link appearing in every sending, to stop receiving unsolicited applications. Its request is applied immediately and unconditionally.

6. The employer's use of a candidate's data

The employer accesses a candidate's data within the limits of what that candidate's privacy setting opens to them. That setting is the candidate's decision; circumventing it, by whatever means, is a breach of these terms.

For the data they receive and keep on their side, the employer is an independent controller within the meaning of the General Data Protection Regulation. It is for them to inform candidates, to respect their rights, to set their own retention period and to ensure the security of that data.

What they may do

• examine the application
• contact the candidate about the position concerned
• arrange an interview

What they may not do

• use that data for a purpose other than the recruitment for which they received it
• pass it to a third party, including another company in their group, without the candidate's agreement
• add it to a prospecting file or a talent pool without informing the candidate and without their own legal basis
• keep it beyond what is necessary for examining the application
• draw from it a decision based on a discriminatory criterion

Warranty

The employer warrants the lawfulness of their adverts, in particular as regards the principle of non-discrimination and employment law, and the compliant use of candidates' data.

They indemnify the operator against any claim, action or award of a third party, and in particular of a candidate or of an authority, arising from their adverts, their messages or their use of candidates' data. They compensate the operator for the consequences of that claim, including the reasonably incurred costs of defence and of counsel.

7. The adverts

The employer warrants that their adverts correspond to real positions and that they are entitled to publish them.

Adverts are checked by the operator before publication. An advert may be refused, and the reason is communicated. A published advert may be withdrawn if it proves contrary to these terms.

8. Content published by users, and the reporting of it

The site hosts content published by its users: profiles, adverts, messages, files uploaded. That content is its authors'.

The operator exercises no general prior control over that content. It carries out two checks, and those alone: the review of employer accounts before their activation, and that of adverts before their publication. A candidate profile, a message and an uploaded file are not examined before being published or forwarded.

Any person, whether or not they hold an account, may report content through the "Report" link present on every advert, every establishment or agency profile and every public profile. A report is made through a form stating the reason, an explanation, and, if the reporter so wishes, their contact details. Every report is recorded and brought to the operator's attention.

The operator undertakes to remove promptly, after examination, any manifestly unlawful content reported to it or of which it becomes aware.

The operator's single point of contact, for users and authorities alike, is [email protected].

Where content is removed or an account is suspended, the user concerned is informed by email, with the reason for the decision. They may contest it by replying to [email protected]; the operator then reviews the decision and replies.

9. The paid offers

Certain functions intended for employers are subject to payment. They are governed by the terms and conditions of sale, which deal with prices, ordering, payment, renewal, termination, invoicing and the liability attaching to them.

No function of the site is subject to payment for candidates.

10. Liability

The operator makes introductions and provides the technical means of exchange. It checks neither the truthfulness of the information published by candidates, nor the reality of the positions offered beyond the control described in article 7.

It is not answerable for the consequences of a recruitment, of an absence of recruitment, nor for the conduct of one user towards another.

It endeavours to ensure the availability of the site without guaranteeing it, and may interrupt it for maintenance.

It is not answerable for damage resulting from a user's loss of control of their password, unless that loss results from a failure attributable to the operator.

These limitations apply neither in the event of gross or intentional fault of the operator, nor in the event of personal injury, nor in the other cases where the law sets them aside. As regards a candidate, who acts as a consumer, they defeat no statutory guarantee.

11. Suspension and closure of an account

The operator may suspend or close an account, after a warning save in an emergency, in the event of a breach of these terms, in particular:

• providing false information
• a use of messaging or of a relay address contrary to article 4
• the circumvention of a privacy setting
• a use of a candidate's data contrary to article 6
• the publication of an advert contrary to article 7
• an attempt to impair the operation of the site

The holder is informed by email, with the reason, and may contest the decision in accordance with article 8.

12. Ownership

The site, its structure and its graphic elements belong to the operator.

Content uploaded by a user — profile text, CV, logo, photographs, video, advert text — remains their property. They grant the operator the right to display it and to forward it to the extent necessary for the service, and for the duration of their account.

13. Personal data

The processing of personal data is described in the privacy policy, which forms an integral part of these terms.

14. Evidence

The records kept by the operator's systems — acceptance of the documents and its date, sign-in log, time-stamping of applications, of messages and of status changes — are evidence between the parties, until proof to the contrary.

15. Changes to the terms

These terms may be amended. The date of the version in force appears at the top. Where an amendment concerns the substance, account holders are informed and their acceptance is requested again at the next sign-in. A user who refuses may request the deletion of their account, free of charge.

16. General provisions

If a clause of these terms is held void or inapplicable, the others remain in force, and the clause concerned is deemed replaced by the legal rule closest to the parties' intention.

The operator's failure to rely on a breach does not amount to a waiver of the right to rely on it later.

These terms are drawn up in French. They are translated into other languages for users' convenience; where a translation and the French version diverge, the French version prevails.

17. Governing law and jurisdiction

These terms are governed by French law.

Where the user is a consumer, the rules of jurisdiction protecting their domicile remain applicable, and they retain the right to bring proceedings before the court of the place of their domicile. Where they act for professional purposes, the Paris commercial court has sole jurisdiction.

Before bringing any action, the user is invited to write to [email protected] with a view to seeking an amicable solution.