Those General Conditions of Use (hereafter GCU) are concluded between:
BOOST.RS, a simplified joint-stock company with a capital of 50 000,00 euros, registered at Registre du Commerce et des Sociétés de Nanterre – under the number 827 963 836, located at 91 rue Yves Kermen 92100 BOULOGNE BILLANCOURT, in the person of its legal representative duly authorized to conclude these (hereafter " BOOST.RS " ), on one side
THE USER, on the other side
Hereinafter referred to collectively as the " PARTIES "
ANY USE OF THE BOOST.RS WEBSITE ACCESSIBLE AT THE FOLLOWING URL HTTP://WWW.BOOST.RS INEVITABLY IMPLIES THE ACCEPTANCE WITHOUT RESERVATION, BY THE USER, OF THESE GENERAL CONDITIONS OF USE (GCU).
THE PRESENT GCU ARE CONSULTABLE AND DOWNLOADABLE FROM THE FOLLOWING URL ADDRESS www.boost.rs/en/terms
The company BOOST.RS (Hereafter « BOOST.RS ») exploits the WEBSITE, which particularly aims at :
- Creating a PROFILE online;
- Evaluating one’s SKILLS
- Sharing one’s PROFILE
- or personal use ;
- - in the context of a use in a professional environment by affiliating themselves with their company.
The WEBSITE offers MEMBERS a number of services to develop their career.
The MEMBERS can use the WEBSITE :
The following terms have the following meaning in these GCU:
- ACCOUNT : Refers to the interface in which all the data provided by the MEMBER are grouped together. This data includes information about the MEMBER such as its e-mail address, personal information, etc. It is specified that an ACCOUNT cannot be transferred to a third party.
- COMPANY : Means the entity in which the MEMBER carries out his professional activity and who has subscribed to the services of BOOST.RS. Thanks to an invitation code the MEMBER can easily share the data on his profile with the COMPANY.
- CONTENT : Refers to all the information and data communicated by the MEMBERS on the CONTRIBUTION AREAS or via their ACCOUNTS, including all formats comprising texts, photographs, images, videos and all other multimedia formats.
- CONTRIBUTION AREAS : Refers to all digital communication, publication, consultation, exchange and sharing spaces, on which each MEMBER may freely publish CONTENTS. The PROFILE is one of the WEBSITE’s CONTRIBUTION AREAS
- DATA : Refers to all the information of the USERS’ PROFILES
- GRADE : Refers to the appreciation by MEMBERS of a SKILL of another MEMBER on a scale ranging from 0 to 100%.
- IDENTIFIERS : Designates the identifiers linked to the LinkedInTM profile of the MEMBER or his e-mail address and his password, according to the login option he has chosen for his ACCOUNT.
- MEMBER : : Refers to any USER who creates an ACCOUNT and a PROFILE in order to benefit from the various services and features offered by BOOST.RS.
- PROFILE : Refers to the page of presentation of a MEMBER, which may at any time be freely adapted by the latter. It presents its first and last names, profile picture, professional email address, personal email address (in case the password is lost or forgotten), phone number, current position (company, service), years of experience, diplomas, conferences, other professional experiences, hobbies.
- SKILL : Means a quality or a talent of a MEMBER They are only positive elements of evaluation of the qualities of a MEMBER. The list of available SKILLS is predefined on the WEBSITE. The SKILLS are divided into different categories.
- SERVICE : Refers to all the functionalities proposed by the WEBSITE, in particular the management of the PROFILE, the evaluation of the SKILLS, the sharing of the PROFILE to third parties or to its company.
- USER : Refers to all the MEMBERS and VISITORS
- WEBSITE : Means the application developed by BOOST.RS and accessible at the following address :https://boost.rs allowing the USERS to create an ACCOUNT et to manage their PROFILES by evaluating their SKILLS. The WEBSITE gathers all the web pages, services and functionalities offered to the USERS.
The purpose of these GCU is to govern the conditions of use by the USERS of the WEBSITE.
Any USER acknowledges that he is fully aware of and agrees to these GCU.
3. CONDITIONS OF ACCESS TO THE BOOST.RS PLATEFORM
- 3.1 Membership
Only physical persons or any legal person acting through a duly authorized physical person with legal capacity to contract in the name and on behalf of the legal person, may register to become a MEMBER .
- 3.2 Conditions of registration
The creation of an ACCOUNT and a PROFILE as a MEMBER is free of charge.
To do this, the USER must go to the WEBSITE and enter his name, his e-mail address or identify himself with his LinkedInTM profile. The USER can also enter the invitation code provided by the COMPANY in order to easily share the DATA of his PROFILE.
The MEMBER agrees to give BOOST.RS fair and accurate data that does not infringe the rights of third parties of any kind whatsoever.
The MEMBER undertakes to communicate to BOOST.RS any necessary updating of the data communicated at the time of its registration.
- 3.3 Technical specifications
The MEMBER recognizes having the means and skills necessary for the use of the WEBSITE. The necessary equipment for access and use of the WEBSITE shall be at the MEMBER’s expense, as well as the telecommunications costs incurred by their use.
- 3.4 IDENTIFIERS management
IDENTIFIERS are personal. The choice of IDENTIFIERS must be made in compliance with the legislation in force, in particular that relating to identity theft (Article 434-23 of the French Penal Code) or trademark or copyright infringement (Articles L.335-2 and following or L.713-1 and following of the French Intellectual Property Code).
It is the MEMBER's responsibility to ensure the confidentiality of its IDENTIFIERS. Any connection to a MEMBER's ACCOUNT with its IDENTIFIERS will be presumed to have been made by the MEMBER itself.
The MEMBER is solely responsible for the use of its IDENTIFIERS by third parties or actions or declarations made through its ACCOUNT, whether fraudulent or not.
This is why the MEMBER guarantees BOOST.RS it will not make any request in regard of this matter.
It is recalled that BOOST.RS is not required to verify the identity of each MEMBER
Therefore, in case of impersonation of a MEMBER, BOOST.RS cannot be held responsible. In any event, if a MEMBER suspects fraudulent use of its ACCOUNT, it must immediately inform BOOST.RS.
BOOST.RS is committed to doing everything possible to preserve the confidentiality and security of the IDENTIFIERS
- 3.5 ACCOUNT deletion
The MEMBER is free, whenever he chooses, to delete his account.
All the data and contents related to this ACCOUNT will then be removed from the WEBSITE.
The PROFILE of the MEMBER will no longer be accessible to the COMPANY or to third parties it was shared with.
- Every MEMBER with a PROFILE enjoys freely the features described below.
- 4.1 PROFILE management
When registering et at any time, the MEMBER can complete or modify the DATA on his PROFILE.
The management of the profile via its ACCOUNT, allows the MEMBER to define the information visible on its profile:
- First name
- Last name
- Profile picture
- Professionnal email address
- Personal email address (in case the password is lost or forgotten)
- Phone number
- Current occupation (company, service)
- Years of experience
- Other professionnal experiences
The MEMBER can also import his last name, first name, picture and information relating to his actual occupation from his LinkedInTM profile.
The profile will include SKILLS automatically displayed. The MEMBER can choose the SKILLS he wishes to see appear when sharing his PROFILE, through the icon
The MEMBER can also choose to remove a SKILL through the icon
- 4.1 Exporting or sharing the PROFILE
The WEBSITE allows the MEMBER to share his PROFILE via LinkedInTM or TwitterTM.
Through the invitation code the MEMBER can also choose to share his DATA to his COMPANY.
The COMPANY who subscribed to the BOOST.RS services will be able to access the DATA the MEMBER shared.
At any time, the MEMBER can deactivate the sharing of his PROFILE, or of specific DATA to the COMPANY.
THE COMPANY is committed to BOOST.RS to process the data it receives as part of its partnership with BOOST.RS in accordance with the provisions of the law “Informatique et Libertés du 6 janvier 1978” as amended.
- 5.1 MEMBERS and USERS’ obligations
In connection with the use of the WEBSITE, each USER undertakes not to violate public order and to comply with the laws and regulations in force, to respect the rights of third parties and other USERS and the provisions of these GENERAL CONDITIONS OF USE.
Each MEMBER is solely responsible for all the information, contents and correspondences that it puts online on the WEBSITE.
Each USER is obliged to:
- Act in a loyal and respectful manner towards BOOST.RS, third parties, and USERS;
- Be honest and sincere in the information provided to BOOST.RS and, when applicable, to third parties, including all other USERS,
- Use the WEBSITE according to the purpose described in these GCU;
- Not to attempt to commit any act of infringement or counterfeiting against third parties, by any means whatsoever;
- Not to divert the purpose of the WEBSITE for committing crimes, offenses or breaches punishable under the French Criminal Code or any other law,
- Not to attempt to divert users to another website or competing service,
- Not to seek to undermine the automated data processing systems implemented for the launch of the WEBSITE, within the meaning of Articles 323-1 et seq. Of the French Criminal Code,
- Not to publish any information, message or any other content that is contrary to the present GCU, laws, regulations or morality, in particular infringing content, defamatory or abusive texts or which constitute discrimination, incitement to hatred or violence, invasion of privacy, jeopardizing minors, in particular on its PROFILE or within the CONTRIBUTION AREAS,
- Not to impersonate the identity or status of any third party or other MEMBER of the WEBSITE;
- Not to mention data relating to offenses, convictions, security measures concerning his person or that of a third party
- Not to commit, through the WEBSITE, acts that can be analyzed as acts of unfair competition, parasitism, or any other offense against good and healthy competition,
- Not to resell or transfer, in any manner whatsoever, the contact details of another MEMBER, which the MEMBER would have acquired on the WEBSITE,
- Create a PROFILE corresponding exactly to its use and to the instructions of these GCU,
- Use the WEBSITE in a lawful, cordial and benevolent way, respecting the third parties and other MEMBERS of the WEBSITE.
Any failure by a MEMBER to comply with any of the above-mentioned obligations or any provision of these GCU will justify the suspension or, if necessary, the cancellation of its ACCOUNT from the WEBSITE without prior notice.
In any event, the USER guarantees BOOST.RS against any action brought against it, or any condemnation charged to it, due to the failure of the USER to meet its obligations.
- 5.2 BOOST.RS’s obligations
The general obligation of BOOST.RS, a simple technical intermediary between the USERS, is an obligation of means. BOOST.RS does not have any obligation of result or reinforced means of any kind.
BOOST.RS is committed to using all means to ensure continuity of access and use of the WEBSITE, 7 days a week and 24 hours a day.
Regarding the data or CONTENTS published by the MEMBERS, in particular on the CONTRIBUTION AREAS or on the PROFILES, BOOST.RS is a hosting company within the meaning of article 6-I (2) of the law of June 21, 2004.
As such, BOOST.RS is not subject to a general monitoring obligation of the legality of said CONTENT, exchanges and announcements. Its liability cannot be incurred as a result of their publication on the WEBSITE.
On the other hand, BOOST.RS commits to promptly remove any manifestly illegal content as soon as it becomes aware of it, particularly when the existence of such content has been notified to it by a USER.
The notification of manifestly illegal content can be done:
- by email at the address email@example.com;
- by registered mail with acknowledgment of receipt at the address of the headquarters of BOOST.RS
In all cases, the notification, in order to be valid, must contain all the elements prescribed in Article 6-I 5 of the Law of 21 June 2004, namely:
- The date of the notification;
- If the notifier is a physical person: his full name, profession, domicile, nationality, date and place of birth; If the notifier is a moral person: its form, name, registered office and the body legally representing it;
- Recipient names and domicile or, in the case of a moral person, its name and its headquarters,
- The description of the facts in dispute and their precise location,
- The grounds on which the content is to be withdrawn, including the legal provisions and the justifications of the facts,
- A copy of the correspondence addressed to the author or publisher of the information or activities in question requesting their interruption, withdrawal or modification, or the justification that the author or publisher could not be contacted.
BOOST.RS declines any liability:
- If temporary access to the WEBSITE is not possible due to technical maintenance or updating of published information,
- In case of viral attack;
- In case of incomplete or incorrect information provided by a MEMBER in his / her profile,
- In case of abnormal use or illegal use of the WEBSITE. The USER is then solely responsible for damages caused to third parties and for the consequences of any claims or actions that may result from it,
- In relation to the content of third-party websites to which hypertext links are present on the WEBSITE,
- In the event of non-compliance with these CGU attributable to USERS,
- In case of delay or non-performance of its obligations, when the cause of the delay or non-performance is related to a case of force majeure as defined by French jurisprudence,
- In the event of a foreign cause not attributable to BOOST.RS,
- For any indirect or immaterial damages such as loss of opportunity, loss of profit, loss of contract or image damage
7. INTELLECTUAL PROPERTY
- 7.1 BOOST.RS’s intellectual property
The USER acknowledges the intellectual property rights of BOOST.RS on the WEBSITE and its components and waives any right to challenge these rights in any form whatsoever.
As such, the WEBSITE and its components may not be reproduced, used or represented without the express authorization of BOOST.RS, under penalty of prosecution.
Any total or partial representation of the WEBSITE and its contents, by any process whatsoever, without the express prior authorization of BOOST.RS is prohibited and will constitute an infringement punishable by articles L.335-2 and following and articles L.713-1 and following. of the French Intellectual Property Code.
Moreover, BOOST.RS expressly prohibits :
- The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of a database on another medium, by any means and in any form whatsoever;
- Re-use, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the database, whatever the form.
The establishment of any hypertext link to the WEBSITE is subject to the prior written authorization of BOOST.RS.
The acceptance of these General Conditions of Use constitutes acknowledgment by the USERS of the intellectual property rights of BOOST.RS and the commitment to respect them.
- 7.2 MEMBER’s intellectual property
The MEMBER declares that he holds all intellectual property rights necessary for the use of logos, trademarks, designs and creations it uses in the CONTENT issued within CONTRIBUTION AREAS.
More specifically, and as an example, the MEMBER guarantees that these elements do not in any way infringe the rights of third parties, in particular that they do not constitute counterfeiting or unfair or parasitic competition of a pre-existing work.
To this end, each MEMBER agrees to intervene voluntarily, if BOOST.RS considers it useful or necessary, to intervene voluntarily in all the proceedings against BOOST.RS, to guarantee it from all the convictions that would be pronounced against him on this occasion as well as to defray all costs of any kind incurred in BOOST.RS’s defense, including any attorney's fees.
For the purposes of this Agreement, the MEMBER authorizes BOOST.RS, on a worldwide and non-exclusive basis, to use, reproduce, represent, adapt and make available to the public the CONTENT published in the CONTRIBUTION AREAS including Trademarks, logos, copyright-protected creations and any visible distinctive signs.
8. PROTECTION OF PERSONAL DATA
BOOST.RS collects personal data concerning the USERS in order to benefit from all the services and functionalities of the WEBSITE and to ensure the proper functioning of the WEBSITE.
The WEBSITE and the processing of personal data resulting therefrom are the subject of a declaration to the Commission Nationale Informatique et Libertés (CNIL) under the number [A compléter].
The data controller is the BOOST.RS company whose contact details appear in the Preamble of these General Conditions of Use.
Nevertheless, as a storage provider of the MEMBER's contact list, BOOST.RS will have the quality of subcontractor. As such, BOOST.RS undertakes to act on authorization and according to the instructions of the MEMBER, and to take the necessary precautions to preserve the security and the confidentiality of the data processed.
It is recalled that each USER whose personal data are processed enjoys the rights of access, rectification and opposition to the processing of its personal data.
These rights may be exercised, in accordance with the amended Law of 6 January 1978, by simple request by mail to BOOST.RS - 91 rue Yves Kermen 92100 BOULOGNE BILLANCOURT or by email to firstname.lastname@example.org justifying its identity and a legitimate reason if required by law.
The data collected are mainly the telephone number, the connection data, the LinkedInTM profile data as well as the PROFILE data if they have been filled in by the MEMBER, that is: names, profile picture, professional email address, personal email address (in case the password is lost or forgotten), phone number, current position (company, service), years of experience, diplomas, conferences, other professional experiences, hobbies.
The data mandatory for the creation of the ACCOUNT are indicated at the various stages thereof and are used for the purpose of enabling the MEMBER to access the services offered by BOOST.RS through the WEBSITE.
The personal data collected by BOOST.RS shall be retained for the period of use of the ACCOUNT and up to one (1) year after its closing.
In addition, in accordance with Decree n° 2011-219 of February 25th 2011, BOOST.RS also retains the data allowing to identify any person who contributed to the creation of an online content, including the ACCOUNT of a USER.
Any request to delete data results in the physical removal of the personal data in question on BOOST.RS’s servers; so that BOOST.RS does not retain any personal data which it is required to remove; BOOST.RS reserves the right to retain certain non-identifying and anonymized data for statistical purposes.
9. DURATION AND TERMINATION
The contract is entered for an indefinite period
If the MEMBER fails to fulfill any of its obligations under these GCU, BOOST.RS may terminate the contract with the MEMBER fifteen (15) days after an unfruitful email has been sent to the MEMBER notifying him of the breach and requesting him to comply with these GCU.
Termination shall be without prejudice to any damages that may be claimed by BOOST.RS to the MEMBER for damages suffered as a result of such breaches.
The MEMBER will be informed by the means available to BOOST.RS of the termination or the confirmation of the termination of his personal ACCOUNT. Its data will be destroyed at its request or at the expiry of the current legal deadlines starting from the date of termination of the ACCOUNT.
It is specified that in such a situation, the MEMBER agrees not to register again on the WEBSITE under another pseudonym.
10. CHANGE OF GCU
BOOST.RS reserves the right to update and modify these GCU at any time. The changes made will come into force fifteen (15) days after their publication on the WEBSITE.
USERS will be able to view these changes at the following URL : www.boost.rs/en/terms
USERS will be notified of the update of the GCU by displaying an header on the WEBSITE.
MEMBERS will also receive a message at the email address or telephone number registered in their profile.
11. GENERAL PROVISIONS
The fact that one of the PARTIES may not have demanded the application of one of the clauses of these General Conditions of Use, whether on a permanent or temporary basis, may not under any circumstances be construed as a waiver of the said clause.
If any one of the stipulations of these General Conditions of Use should be found to be void with regard to a legislative or regulatory provision in force and/or a court decision with the authority of a final ruling, it will be deemed unwritten, but this will not in any way affect the validity of the other clauses, which shall remain fully applicable.
12. JURISDICTION AND APPLICABLE LAW
THESE GCU AS WELL AS THE RELATIONS BETWEEN BOOST.RS AND THE USER ARE SUBJECT TO FRENCH LAW
In the event of any dispute arising between the PARTIES concerning the interpretation, execution or termination of this Agreement, the PARTIES shall endeavor to settle it amicably.
The USER is first invited to contact the BOOST.RS complaint department at: BOOST.RS - 91 rue Yves Kermen 92100 BOULOGNE BILLANCOURT, or by email at: email@example.com
If no agreement is reached, then an optional mediation procedure, conducted in a spirit of loyalty and good faith, will be proposed with reaching an amicable settlement in mind, upon the occurrence of any dispute relating to this contract, including its validity.
The party wishing to carry out the mediation process must first inform the other party by registered letter with acknowledgment of receipt indicating the reasons for the disagreement. If, after seven (7) days, the parties fail to agree, the dispute may be referred to a conventional mediator or a judicial mediator.
BOOST.RS has chosen a mediator to solve disputes with its Clients:
The list of the consommation mediators was published june 30th 2016 and is available to the following address: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur. It is regularly updated.
IN THE ABSENCE OF AGREEMENT BETWEEN THE PARTIES, THE PROCEEDINGS MAY BE SUBMITTED TO THE FRENCH COURTS.