Ginkio General Terms of Service
Effective as of 01/07/2021
Your use of the GINKIO Service signifies your acceptance of these General Terms of Use ("GTU"). We invite you to read them carefully.
If you have any questions, do not hesitate to contact us.
ARTICLE 1. PARTIES
These general terms are applicable between Ginkio, SAS, share capital: €5554, RCS of Bobigny: 834 214 074, registered office: 41 rue Delizy, 93500 Pantin, France, phone: +33 1 78 41 87 00, email: contact@ginkio.com, EU VAT number: FR39834214074, hereinafter "Ginkio", and any individual or legal entity, whether private or public, registered on the Site, hereinafter "the User".ARTICLE 2. DEFINITIONS
- « Job Ad »: web pages, as well as any associated digital files, published on the Site by a Recruiter to offer a Job.
- « Candidate »: any individual or legal entity, whether private or public, registered on the Site to communicate with a Recruiter.
- « Site Content »: all elements of any nature published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or websites.
- « Creator »: any individual or legal entity, whether private or public, registered on the Site to publish Newsletters.
- « Job »: employment contract, whether fixed-term or indefinite, freelance mission, or internship offered by a Recruiter to a Candidate as part of a Job Ad.
- « Ginkio »: Ginkio SAS, acting as the publisher of the Site.
- « Newsletter »: a newsletter edited and published by a User for online readers.
- « Portfolio »: a collection of a Talent's Work assembled on the Site.
- « Work »: content of any kind created by a Talent and posted on the Site as part of their Portfolio.
- « Recruiter »: any legal entity, media professional, posting a Job Ad on the Site.
- « Service »: service offered by Ginkio on the Site consisting of the ability to create a Portfolio for Talents, post Job Ads for Recruiters, and allow Candidates to view them, as well as the ability to create, edit, and publish Newsletters for a Creator.
- « Distinctive Signs »: distinctive signs of the Recruiter, such as trademark, trade name, commercial name, business name, or domain name.
- « Site »: website accessible at the URLs https://ginkio.com, as well as sub-sites, mirror sites, portals, and related URL variations, hosting the Site.
- « Talent »: any individual or legal entity, whether private or public, registered on the Site to create their Portfolio.
- « User »: Talent, Candidate, Creator, and/or Recruiter.
ARTICLE 3. SCOPE
When registering on the Site, the User's acceptance of these general terms is evidenced by checking the corresponding box. The User acknowledges having fully read and accepted these terms without reservation.Checking the aforementioned box will be deemed to have the same value as a handwritten signature by the User. The User acknowledges the evidentiary value of Ginkio's automated recording systems and, unless proven otherwise, waives the right to contest them in the event of a dispute.
These general terms apply to the relationship between the parties to the exclusion of any other terms, including those of the User.
Acceptance of these general terms assumes that Users have the necessary legal capacity or, if not, that they have the authorization of a guardian or curator if they are legally incapacitated, from their legal representative if they are minors, or that they hold a mandate if acting on behalf of a legal entity.
ARTICLE 4. SERVICES
4.1. Purpose
The Site aims to present Ginkio's Services, namely the publication of Portfolios for Talents, Job Ads for Recruiters, and their consultation by Candidates, as well as the setup of subscriptions to Newsletters.4.2. Publication of Portfolios
The Talent has the ability to create their Portfolio through the Ginkio Service. The Creator is free to determine the content of this Portfolio, within the limits set by these general terms.The Talent declares that they hold the necessary intellectual property rights and authorizations to proceed with the publication of their Portfolio. The Talent agrees to respond to any request from Ginkio in any legal proceedings brought against Ginkio due to their Portfolio and to cover any costs and judgments imposed on Ginkio as a result, including legal fees.
4.3. Publication of Job Ads
The publication of a Job Ad is open to any Recruiter holding the required rights for the Job offered. Job Ads must be written in clear and understandable language. They must comply with applicable legal provisions and be free of any discriminatory criteria regarding the potential contractual partner's qualities. During the publication of the Job Ad, the Recruiter will have the ability, via their personal space, to modify the description of the Job Ad. These modifications will be possible throughout the duration of the Job Ad's publication.The Advertiser acknowledges that the publication of their Job Ad on this Site automatically and without Ginkio's intervention results in the publication of said ad on partner and affiliate websites.
Users are expressly informed that Ginkio does not guarantee the accuracy of the data contained in the Job Ads. It is the responsibility of any Candidate interested in the Job Ad to verify the accuracy of all such data before making any actual application. Similarly, Ginkio does not guarantee that Recruiters will receive applications from Candidates.
4.4. Publication of Newsletters
4.4.1. Editing Newsletters
The Creator has the ability to create Newsletters through the Ginkio Topics Service. The Creator is free to determine the content of these Newsletters, within the limits set by these general terms.The Creator declares that they hold the necessary intellectual property rights and authorizations to proceed with the publication of their Newsletter. The Creator agrees to respond to any request from Ginkio in any legal proceedings brought against Ginkio due to their Newsletter and to cover any costs and judgments imposed on Ginkio as a result, including legal fees.
4.4.2. Payment of a Commission
The Creator has the ability to set up paid subscriptions to their Newsletters for online readers. In this case, the Creator grants Ginkio a mandate to collect the amounts paid by readers for subscribing to the Newsletters. The subscription price will be paid to the Creator, less an 8% commission on the pre-tax price of the subscription (excluding payment management service fees directly charged by the Stripe operator).ARTICLE 5. USER OBLIGATIONS
5.1. User Declarations
The User assures that they have reviewed the technical characteristics of the Site and the services offered by Ginkio before signing this contract.Consequently, the User acknowledges that their needs and the Services offered by Ginkio are aligned, that they are aware of the content and execution conditions of said services, and that they have subscribed to the services provided by Ginkio with full knowledge and all the information necessary to provide informed consent.
5.2. Authorizations
The User is solely responsible for the authorizations and declarations related to the use of the Services. The User declares that they hold the necessary rights and authorizations for this purpose. If applicable, the User declares that they have completed all necessary steps in advance, such as authorization requests and administrative declarations.The absence of such declarations and authorizations will not affect the validity of this contract. The User will remain obliged to pay Ginkio for the Services ordered.
The User guarantees Ginkio against any legal action taken against it due to the absence of such declarations and authorizations. The User agrees to fully reimburse Ginkio for any costs incurred due to the absence of declarations and/or authorizations.
5.3. Distinctive Signs
5.3.1. License to Use Distinctive Signs
The Recruiter grants Ginkio, for the entire duration of this agreement and worldwide, a non-exclusive license to use the Distinctive Signs for the purpose of publishing the Job Ad.5.3.2. Guarantees on Distinctive Signs
The Recruiter guarantees Ginkio that they are the sole holder of all intellectual property rights related to the Distinctive Signs. The Recruiter guarantees Ginkio against any legal action, claim, or opposition from any person asserting ownership rights. In the event of a dispute, the Recruiter will bear all related costs, including legal fees.5.4. Site Usage Guidelines
The User agrees to use the Site in accordance with the purpose of this agreement and to follow Ginkio's instructions regarding the use of the Site, particularly in the publication of Newsletters, Job Ads, and Portfolios. Specifically, the User agrees not to engage in actions likely to:- Harm or contain content contrary to public order, decency, or that may offend minors;
- Infringe in any way on the reputation, privacy, rights, or image of a third party;
- Be defamatory, denigrate, or harm the image or reputation of a brand or any individual or legal entity in any way;
- Contain pornographic or pedophilic content;
- Harm the security or integrity of any State or territory, in any way;
- Allow third parties to obtain pirated Sites, serial numbers for Sites, or any Sites that could harm or infringe, in any way, the rights or property of third parties;
- Infringe on the intellectual property rights of any person;
- Incite hatred, violence, suicide, racism, anti-Semitism, xenophobia, homophobia, or glorify war crimes or crimes against humanity;
- Incite the commission of a crime, an offense, or an act of terrorism;
- Incite discrimination against a person or group of people based on their ethnicity, religion, race, sexual orientation, or disability;
- Advocate fraudulent or questionable practices.
Any processing, transmission, publication, dissemination, or representation of data by the User is carried out under their sole and entire responsibility. The User agrees not to disrupt or interfere with the Site and Ginkio's servers and to comply with the requirements, procedures, and general rules communicated by Ginkio for the use of the Site.
Any illegal or unauthorized use of the Site will result in the immediate deletion of the User's account, without prejudice to any damages that Ginkio may claim.
The User therefore guarantees Ginkio against any damage that may be caused to it by their use of the Site, including any legal and procedural fees, and agrees to participate in any legal proceedings initiated against Ginkio due to their use of the Site.
5.5. License on Work
5.5.1. Nature of the License
The Candidate grants Ginkio a non-exclusive license to use the Work. The license is granted worldwide and in all languages, for the entire duration of the literary and artistic property rights. By the term "literary and artistic property rights," we mean the duration provided for by the Intellectual Property Code and foreign laws, and all extensions or renewals of this duration by an international convention, a European directive, a French or foreign law. The Work is intended for both civil and commercial use.5.5.1.1. The reproduction right license includes:
● the right to reproduce the Work by any electronic and mechanical meansknown or unknown to date, notably optical, magnetic, and digital, for the purpose
of communicating it to the public;
● the right to modulate, compress, or decompress the Work for storage,
transfer, distribution, or any other use;
● the right to include the Work in a database;
● the right to reproduce extracts from the Work.
5.5.1.2. The representation right license includes:
● the right to publicly communicate the Work, in whole or in part, worldwide,by any network allowing data transmission, including by interactive or non-interactive digital networks, internet, websites, telecommunications networks, satellite networks, and mobile phone networks;
● the right to exploit the Work, in whole or in part, by any network, notably telecommunications or cable networks, by any interactive means inherent to this mode of exploitation;
● the right to publish extracts from the Work.
5.5.1.3. The adaptation right license includes:
● the right to correct, improve, and modify the Work in whole or in part;● the right to make any changes necessary for the exercise of the rights granted;
● the right to dissociate the Work or any of its elements from its entirety in order to exploit the Work;
● the right to convert the Work into another computer language.
The Candidate acknowledges that adaptations of the Work made by Ginkio under the rights granted to it are the exclusive intellectual property of Ginkio.
5.5.2. Moral Rights
In the use or exploitation of the Work, Ginkio may use a name of its choice to refer to the Work. Ginkio will not be required to include an authorship credit.5.5.3. Guarantees
The Candidate guarantees Ginkio that they are the author or co-author of the Work and, if applicable, that they have obtained the consent of their co-authors for the publication of the Work on the Site. The Candidate agrees to respect third-party intellectual property rights, notably copyright, rights on designs and models, as well as rights on patents and trademarks.The Candidate guarantees Ginkio peaceful enjoyment of the rights granted under this contract. The Candidate guarantees Ginkio against any legal action, claim, or opposition from any person asserting intellectual property rights or an act of unfair competition and/or parasitism due to the Work.
5.5.4. Reproduction and Protection of Work
The Candidate is informed of Ginkio's ability to use technical measures to protect the material supports and digital files reproducing the Work to prevent or limit unauthorized uses. Ginkio may use, in the context of exploiting the Work, electronic information to identify and inform third parties about the conditions and terms authorized for the use of the Work. Upon written request, the Candidate can obtain from Ginkio information regarding the key features of the protection measures and electronic information used by Ginkio to ensure the exploitation of the Work.5.5.5. References
Ginkio is authorized to use the Talent's name, as well as extracts from the Work, for its commercial and advertising promotion.ARTICLE 6. PERSONAL SPACE
6.1. Creating a Personal Space
Creating a personal space is a prerequisite for any use of the Service by a Site User. To this end, the User will be asked to provide a certain amount of personal information. Some of this information is deemed necessary for the creation of the personal space. Refusal by a User to provide such information will prevent the creation of the personal space and, incidentally, the validation of the subscription.When creating the personal space, the User is invited to choose a password. This password ensures the confidentiality of the information contained in the personal space. The User is therefore prohibited from transmitting or sharing it with a third party. If they fail to do so, Ginkio cannot be held responsible for unauthorized access to the User's personal space.
The User agrees to regularly check their personal data and to make necessary updates and changes online from their personal space.
6.2. Content of the Personal Space
6.2.1. General Information
The personal space allows the Talent to publish and edit their Portfolio, add and delete Works, and apply for Job Ads.The personal space allows the Recruiter to publish Job Ads.
The personal space allows the Creator to manage their Newsletters.
The pages related to personal spaces are freely printable by the account holder but do not constitute admissible evidence in court. They are only for informational purposes to ensure effective management of the User's orders.
Ginkio agrees to securely retain all contractual elements required by law or applicable regulations.
6.2.2. Publishing a Portfolio
Talents are offered the opportunity to create a public profile on the Site, called a Portfolio. In this context, Talents may provide certain personal information about themselves. Ginkio and its moderation team reserve the right to suspend any published Portfolio that violates these general terms.It is expressly understood that the Talent, by choosing to subscribe to the Services offered by Ginkio and completing the form related to their Portfolio, acknowledges that this data, including their photograph, may be published on the Site and made available to other Users. Simply providing this information and completing the fields of the Portfolio creation form will constitute the Candidate's express intention to publish the information on the Site.
Talents will have the option to cease the dissemination of their Portfolio. To do so, they must request the deletion of their personal space and the termination of the Services by following the procedure provided for this purpose. The suspension of the Portfolio's dissemination will be effective within a maximum of 3 business days from Ginkio's receipt of the request.
6.3. Deleting the Personal Space
Ginkio reserves the right to delete the account of any User who violates these general terms, particularly when the User provides inaccurate, incomplete, false, or fraudulent information, or when a User's personal space has remained inactive for at least one year. Such deletion will not constitute a fault by Ginkio or damage to the excluded User, who will not be entitled to any compensation as a result.This exclusion does not preclude Ginkio from pursuing legal action against the User, where justified.
ARTICLE 7. CUSTOMER SERVICE
The Site's customer service can be accessed by email at: contact@ginkio.com or by postal mail at the address indicated in Article 1 of these general terms. In both cases, Ginkio agrees to respond within 10 business days.ARTICLE 8. PERSONAL DATA
In the course of its service, Ginkio will process the personal data of its Users as a data controller (8.1). It will also act as a personal data processor for the clients of its Users (8.2).8.1. Data Processed by Ginkio as a Data Controller
8.1.1. Identity of the Data Controller
The data controller for data collected on the Site is Mr. Jean-Baptiste Diebold, co-founder of Ginkio, 41, rue Delizy, Les Diamants, Building B, 93692 Pantin Cedex, SIREN number: 834214074.8.1.2. Data Protection Officer Identity
The Data Protection Officer is the law firm Deshoulières Avocats Associés, 121 boulevard de Sébastopol 75002 Paris, tel: +33.1.77.62.82.03, rgpd@deshoulieres-avocats.com, www.deshoulieres-avocats.com.8.1.3. Data Collected from Clients
As part of its contractual relations, Ginkio may collect and process information from its Clients, including:- first name;
- last name;
- phone number;
- postal address;
- email address;
- photo;
- professional and academic background, social media addresses;
- bank details.
8.1.4. Purposes of Collecting Personal Data
Data collected during the contractual relationship is subject to automated processing for the purpose of:- processing Users' registrations;
- allowing access to Newsletters offered by the Ginkio topics feature;
- executing contractual obligations;
- ensuring and improving the security of services;
- if necessary, initiating legal proceedings;
- verifying Users' identities;
- sending information and contacting the User, including via email, phone, and push notification;
- preventing any illegal or unlawful activity.
8.1.5. Legal Bases for Processing
The data collected is based on a contractual relationship.8.1.6. Data Recipients
The data collected is only accessible to Ginkio's founders, strictly within the limits necessary for fulfilling contractual obligations.This data, whether in individual or aggregated form, is never freely viewable by any third party.
8.1.7. Retention Period for Personal Data
Personal data collected is retained for the duration of the contractual relationship and as long as Ginkio may be held liable. After the retention period, Ginkio agrees to permanently delete the data of the individuals concerned without keeping a copy.8.1.8. Security and Confidentiality of Personal Data
Personal data is stored securely, according to current technical standards, in compliance with the General Data Protection Regulation (GDPR) and national legislation in force.8.1.9. Data Minimization
Ginkio may also collect and process any data voluntarily provided by its Users.Ginkio directs its Users to provide personal data strictly necessary for the fulfillment of contractual obligations.
Legal Bases for Processing Ginkio agrees to retain and process only data strictly necessary for its professional activities and will delete any data received that is not useful for its activities as quickly as possible.
8.1.10. Respect for Rights
Users have the following rights regarding their personal data, which they can exercise by writing to Ginkio's postal address or sending a request by email to the following address: donneespersonnelles@ginkio.com.8.1.10.1. Right to Information, Access, and Data Communication
Users can access personal data concerning them.Due to Ginkio's obligation of security and confidentiality in the processing of personal data, requests will only be processed if Users provide proof of identity, notably by providing a scan of their valid identity document (in the case of a request through the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a written request), both accompanied by the statement "I certify on my honor that this copy of the identity document is a true copy of the original. Done at ... on ...", followed by their signature.
To assist them in their request, Clients can find a sample letter provided by the CNIL here.
8.1.10.2. Right to Rectification, Deletion, and Right to Be Forgotten
Users can request the correction, updating, blocking, or deletion of their personal data that may be inaccurate, erroneous, incomplete, or outdated.Users can also define general and specific instructions regarding the fate of their personal data after their death. If applicable, the heirs of a deceased person may demand that their relative's death be taken into account and/or that necessary updates be made.
To assist them in their request, Users can find a sample letter provided by the CNIL here.
8.1.10.3. Right to Object to Data Processing
You have the option to object to the processing of your personal data.To do so, you must send an email to the following address: donneespersonnelles@ginkio.com. In this email, you will need to specify the data you want to delete and the reasons justifying this request, except in the case of commercial prospecting.
8.1.10.4. Right to Data Portability
Users have the right to receive the personal data they have provided to Ginkio in a transferable, open, and readable format.8.1.10.5. Right to Restrict Processing
Users have the right to request that the processing of their personal data by Ginkio be restricted. Thus, their data may only be stored and not used by Ginkio.8.1.10.6. Withdrawal of Consent
Your consent is essential for Ginkio to process your data. However, you may withdraw it at any time. This withdrawal will result in the deletion of your personal data.Services requiring Ginkio to process your data will no longer be accessible.
8.1.10.7. Response Time
Ginkio agrees to respond to any request for access, rectification, opposition, or any other request for additional information within a reasonable time frame that will not exceed 1 month from the date of receipt of the request.8.1.10.8. Complaint to the Competent Authority
If Users believe that Ginkio does not comply with its obligations regarding their personal data, they may file a complaint or request with the competent authority. In France, the competent authority is the CNIL, to which they can send a request here.8.1.11. Transfer of Collected Data
8.1.11.1. Transfer to Partners
Ginkio uses authorized service providers to facilitate data collection and processing. These providers may be located outside the European Union and have access to the data collected on the Site.Ginkio has ensured that its service providers have implemented adequate safeguards and strict confidentiality, usage, and data protection conditions.
Ginkio uses the following subcontractors:
Directory of Subcontractors
| Partner |
Destination Country | Service Provided |
Guarantees |
|---|---|---|---|
| Gandi | France | Website hosting | https://contract.gandi.net/v5/contracts/36636/Privacy_Policy_SAS_1.1_fr.pdf |
| OVH | France | Domain name and email management | https://ovhcloud.com/legal/privacy-policy |
| Gmail | USA (Privacy Shield) | Email service. | https://policies.google.com/privacy?hl=fr |
| Google Drive | USA (Privacy Shield) | Cloud service. | https://policies.google.com/privacy?hl=fr |
| Google Analytics | USA (Privacy Shield) | Generation of commercial statistics to create reports on user interactions. | https://policies.google.com/privacy |
| Sendinblue | France | Marketing solution for sending emails and SMS. | https://fr.sendinblue.com/legal/privacypolicy/ |
| Ausha | France | Podcast management solution. | https://fr.ausha.co/cgu |
| Stripe | USA (Privacy Shield) | Online payment software. | https://stripe.com/fr/privacy |
| Typform | Spain | Web form and questionnaire services. | https://admin.typeform.com/to/dwk6gt/ |
| Eventbrite | USA (Privacy Shield) | Event management and ticketing services. | https://www.eventbrite.fr/support/articles/fr/Troubleshooting/politique-de-confidentialite-d-eventbrite?lg=fr |
| Qonto | France | Cloud-based accounting management software. | https://support.qonto.eu/hc/fr/articles/115001654829-Politique-de-Confidentialit%C3%A9 |
| Happyscribe | Ireland | Tool for converting audio and video files to text. | https://www.happyscribe.co/privacy?locale=fr |
| Hootsuite | Canada | Social media management tool. | https://hootsuite.com/fr/legal/privacy |
| Hotjar | Malta | Generation of commercial statistics to create reports on user interactions. | https://www.hotjar.com/privacy/gdpr-compliance |
| Facebook Ads manager | USA (Privacy Shield) | Prospecting-related operations. | https://www.facebook.com/privacy/explanation |
| USA (Privacy Shield) | Managing reviews of products, services, or content. | https://www.facebook.com/policy.php | |
| USA (Privacy Shield) | Managing reviews of products, services, or content. | https://twitter.com/fr/privacy | |
| Twitter Ads | USA (Privacy Shield) | Prospecting-related operations. | https://twitter.com/fr/privacy |
| USA (Privacy Shield) | Managing reviews of products, services, or content. | https://www.linkedin.com/legal/privacy-policy | |
| Youtube | USA (Privacy Shield) | Video hosting. | https://policies.google.com/privacy?hl=fr&gl=fr |
| Laurie Lejeune | France | Contracted communication and marketing specialist. | See contractual clause. |
8.1.11.2. Transfer by Legal Request or Court Order
Users also consent to Ginkio disclosing the data collected to any person, at the request of a state authority or by court order.8.1.11.3. Transfer in the Context of a Merger or Acquisition
If Ginkio is involved in a merger, asset sale, financing transaction, bankruptcy, or acquisition of all or part of its business by another company, Clients consent to the data collected being transferred by Ginkio to this company, and this company operating the personal data processing referred to in these General Service Terms in place of Ginkio.8.2. Data Processed by Ginkio as a Processor
8.2.1. Subcontracting
As part of its services, Ginkio will process personal data on behalf of its Users and Newsletter Creators, in accordance with this clause and based on their documented instructions.8.2.2. Description of the Processing Subject to Subcontracting
Ginkio is authorized to process Users' personal data within the limits of the functionalities offered by the online Platform.The purposes of processing are as follows:
- Allowing Users to post job offers and receive related applications;
- Securing and updating IT systems;
- Fulfilling contractual obligations;
- If necessary, initiating legal proceedings;
- Verifying the identity of the individuals concerned;
- Sending information and contacting the individuals concerned;
- Fulfilling contractual obligations;
- Enforcing the General Service Terms.
The personal data processed may include:
● identity: title, first and last names, address, phone number (landline and/or mobile),
fax number, email addresses, date of birth, internal processing code allowing customer identification (this internal processing code cannot be the individual's social security number, bank card number, or ID number). A copy of an ID may be retained to prove the exercise of a right of access, rectification, or opposition, or to comply with a legal obligation;
● data related to the transaction, such as the transaction number, purchase details, subscription, good or service subscribed to;
● data related to monitoring the commercial relationship: documentation requests, product purchased, service or subscription subscribed to, quantity, amount, frequency, delivery address, purchase history, and service provision, product returns, sales source (seller, representative, partner, affiliate), correspondence with customer service, exchanges and comments from clients and prospects, individuals responsible for the customer relationship;
● data necessary for loyalty, prospecting, study, survey, product testing, and promotion actions;
● data related to contributions from individuals leaving reviews on products, services, or content, including their username.
Within the scope of their respective assignments, the following individuals may access personal data as recipients:
● concerning the User: authorized personnel from the marketing, sales, customer relationship, and prospecting departments, administrative, logistical, and IT services, as well as their hierarchical supervisors, control services (auditors, services in charge of internal control procedures...);
● concerning Ginkio: authorized personnel to the extent necessary for editing the Software.
8.2.3. Ginkio's Obligations to the User
8.2.3.1. Initial Subcontracting by Ginkio
● process the data only for the purposes specified in the subcontracting contract;● process the data according to the User's instructions;
● ensure compliance with the GDPR throughout the processing period;
● guarantee the confidentiality of personal data processed under this contract;
● ensure that authorized individuals processing personal data under the contract commit to confidentiality or are subject to appropriate legal confidentiality obligations and receive the necessary training on personal data protection;
● consider, in terms of its tools, products, applications, or services, data protection principles by design and by default.
8.2.3.2. Subsequent Subcontracting
Ginkio currently uses a subsequent subcontractor for the hosting of its Software and the data processed by it:Directory of Subcontractors
| Partner |
Destination Country | Service Provided |
Guarantees |
|---|---|---|---|
| Gandi | France | Website hosting | https://contract.gandi.net/v5/contracts/36636/Privacy_Policy_SAS_1.1_fr.pdf |
The subsequent subcontractor is required to comply with the obligations of this contract on behalf of and according to the User's instructions. Ginkio must ensure that the subsequent subcontractor provides sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the processing complies with the GDPR. If the subsequent subcontractor does not fulfill its data protection obligations, Ginkio will remain fully responsible to the User for the subsequent subcontractor's performance of its obligations.
8.2.3.3. Exercise of Data Subject Rights
To the extent possible, Ginkio must assist the Client in fulfilling its obligation to respond to data subjects' requests to exercise their rights: right of access, rectification, deletion, and opposition, right to restrict processing, right to data portability, right not to be subject to automated individual decision-making (including profiling).When data subjects submit requests to exercise their rights with Ginkio, Ginkio must forward these requests to the User.
8.2.3.4. Notification of Personal Data Breaches
Ginkio will notify the User as soon as possible of any personal data breach that it becomes aware of. This notification will include any relevant information to allow the User, if necessary, to notify the competent supervisory authority, and at least:a) describe the nature of the personal data breach, including, if possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
b) provide the name and contact details of the data protection officer or another point of contact where further information can be obtained;
c) provide information to enable an assessment of the likely consequences of the personal data breach.
8.2.3.5. Security Measures
Ginkio agrees to implement security measures to:● ensure the confidentiality, integrity, availability, and resilience of processing systems and services;
● ensure the restoration of personal data availability and access in a timely manner in the event of a physical or technical incident.
8.2.3.6. Data Handling at the End of the Contract
At the end of the provision of services related to data processing, Ginkio agrees, according to the Client's instructions, to:● destroy all personal data, or
● return all personal data to the Client, or
● return the personal data to the subcontractor designated by the Client.
● If applicable, the return must be accompanied by the destruction of all existing copies in Ginkio's information systems.
8.2.3.7. Data Protection Officer
If applicable, Ginkio will provide the User with the name and contact details of its data protection officer.8.2.3.8. Register of Categories of Processing Activities
Ginkio declares that it maintains a written record of all categories of processing activities carried out on behalf of the Client, which the Client may request Ginkio to justify at any time.8.2.4. User Obligations to Ginkio
8.2.4.1. Determining the Purpose and Means of Processing
As part of this contract, the Client alone determines the purposes of the processing. The Client has independently chosen to use the online Platform, fully aware of the means used by it to perform the processing.8.2.4.2. Supervision of Processing The User Agrees to:
● provide Ginkio with the necessary personal data;● document in writing any instructions regarding the processing of data by Ginkio;
● ensure compliance with the GDPR before and during the entire processing period by Ginkio;
● supervise the processing, including conducting audits and inspections of Ginkio;
● inform data subjects about the processing activities when collecting data;
● obtain data subjects' consent when collecting data;
● complete the necessary declarations and obtain the necessary authorizations for the processing of data transmitted to Ginkio.
8.2.4.3. Guarantee of Personal Data
The User guarantees Ginkio that they provide lawful personal data in compliance with the General Data Protection Regulation (GDPR). To this end, they agree to bear any potential costs and expenses Ginkio may face due to the personal data transmitted, including legal and procedural fees.Ginkio guarantees the User that it performs the processing specified in the Contract in compliance with the General Data Protection Regulation.
ARTICLE 9. GINKIO'S LIABILITY
9.1. Nature of Ginkio's Obligations
Ginkio's obligations are limited to providing an online platform, with Ginkio acting as a mere technical service provider under these terms. Ginkio does not play any active role in having knowledge or control of the data transmitted or stored. Ginkio is only subject to a best-efforts obligation concerning the matchmaking services covered by these terms.Ginkio does not guarantee the content of Newsletters, Job Ads, or Portfolios.
The Creator is solely responsible for their Newsletters, the Recruiter is solely responsible for their Job Ad, and the Talent is solely responsible for their Portfolio and Work. In the event of a problem relating to the conclusion of a contract, the parties are solely responsible, with Ginkio not being liable for the User's errors.
Ginkio reserves the right to suspend the sending of Newsletters, particularly regarding their content or their use of Ginkio's technical resources, including servers.
9.2. Force Majeure - User Fault
Ginkio will not be held liable in cases of force majeure or User fault, as defined in this article:9.2.1. Force Majeure
For the purposes of these general terms, a force majeure event will be considered to include any prevention, limitation, or disruption of the Service due to fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure by the access provider, transmission network failure, collapse of installations, illegal or fraudulent use of passwords, codes, or references provided to the User, computer hacking, security breach attributable to the Site host or developers, flooding, power outage, war, embargo, law, injunction, government request or demand, requisition, strike, boycott, or other circumstances beyond Ginkio's reasonable control. In such circumstances, Ginkio will be exempt from fulfilling its obligations to the extent of this prevention, limitation, or disruption.9.2.2. User Fault
For the purposes of these General Terms, a User fault will be considered any misuse of the Service, fault, negligence, omission, or failure on their part or that of their agents, non-compliance with advice given by Ginkio on its Site, any illegal or unauthorized disclosure or use of the User's password, codes, and references, as well as providing inaccurate information or failing to update such information in their personal space. A User fault will also include the implementation of any technical process, such as robots or automatic requests, whose implementation would contravene the letter or spirit of these General Terms of Sale.9.3. Technical Issues - Hyperlinks
In the event of an inability to access the Site due to technical issues of any kind, the User will not be entitled to claim damages and cannot claim any compensation. The unavailability of one or more online services, even if prolonged and without any time limit, cannot constitute harm to the User and cannot give rise to any claim for damages from Ginkio.Hyperlinks on the Site may lead to other websites. Ginkio's liability cannot be engaged if the content of these sites violates applicable laws. Similarly, Ginkio's liability cannot be engaged if the User's visit to one of these sites causes them harm.
9.4. Damages Payable by Ginkio
Except for legal or regulatory provisions to the contrary, Ginkio's liability is limited to the direct, personal, and certain damage suffered by the User and related to the failure in question. Ginkio cannot be held liable for indirect damages such as data loss, commercial harm, loss of orders, damage to brand image, commercial disruption, and loss of profits or customers.9.5. Hyperlinks and Site Content
The Site Content is published for informational purposes only, without a guarantee of accuracy. Ginkio cannot be held liable for any omission, inaccuracy, or error in this information that would result in direct or indirect harm to the User.9.6. Hosting Provider Liability
The data, notably within Job Ads and Portfolios, published on the Site by the User is their sole responsibility.In this regard, Ginkio will be considered a hosting provider of the data under Article 6-I-2 of the French Law on Trust in the Digital Economy of June 21, 2004. In accordance with paragraph 3 of the same article, Ginkio's civil or criminal liability cannot be engaged due to these Job Ads and Portfolios, unless, upon becoming aware of illegal activity or information, it promptly acts to remove this information or render access to it impossible.