Last update : 25/09/2023
ARTICLE 1- IDENTITY
1.1. The LINKAVIE company
The publisher of the Timeko, Timeko interim, Timeko Plus and MyTimeko service is the company LINKAVIE, SAS with capital of 16,800 euros whose head office is located at 350, avenue JR Gauthier de la Lauzière, 13290 Aix-en-Provence, registered in the Aix-en-Provence Trade and Companies Register under number 804 953 958. The telephone number is 0607984253, the contact email firstname.lastname@example.org. The VAT number is FR35 804 953 958.
The Publication Director is Mr. Thomas LUQUET.
The Timeko, Timeko interim, Timeko Plus and MyTimeko services are hosted by Amazon Web Services (http://aws.amazon.com/fr/) in Paris for customer production environments.
European headquarters of Amazon Web Services: 31-33 Rives de Clausen L-2165 Luxembourg
Tel: +352 27 89 0605
Etats-Unis: 1200 12th Ave S, Seattle, WA 98144
Tel: +1 (888) 280-3321
ARTICLE 2- PURPOSE
Timeko, Timeko interim, Timeko Plus and MyTimeko is a SaaS solution for Businesses allowing you to communicate and collaborate effectively with Contacts and, where applicable, exchange personal information with them, from Business Software allowing you to search/search list contacts with whom the User Company wishes to communicate and exchange. This solution also makes it easier to recruit temporary workers or employees outside the temp sector. Timeko, Timeko interim Timeko Plus and MyTimeko, subsequently called the Solution, facilitate decision-making and operational performance.
The purpose of these General Conditions of Use is to define the conditions under which Users can benefit from the Solution offered by LINKAVIE.
ARTICLE 3- DEFINITIONS
« the solution» : refers to the following applications: Timeko, Timeko Interim, Timeko Plus and MyTimeko.
«User Company » : designates any legal entity (ETT, ETI, SME, VSE, recruitment firm, logistics company, event companies) using the Solution and subscribing to one or more modules of the Solution.
« ONE » : refers to Temporary Work Companies which are a category of User Company.
«Administrator(s) » : designates the natural person(s) authorized by the User Company, responsible for defining the operating rules and usage parameters, in particular the management of access rights to content, adding users etc. of the Solution.
« Clients » : designate the legal entities (ETI, SME, VSE) contractually linked to the User Companies which use the Solution.
« Contact » : means any natural person interacting with a User Company, or using the Timeko Interim or MyTimeko Solution in Web or mobile version, following a spontaneous registration or an invitation from a User Company
« Contact Status » : designates the recruitment status of the Contact. The Contact can have several statuses, namely Potential, Candidate, Prospected Candidate, Selected Candidate, Temporary or Collaborator.
« Potential Candidate» : designates the Contact who is likely to respond positively to requests from the User Company for job offers or temporary assignments.
« Prospective Candidate » : designates the Contact who is approached for a job offer or a temporary assignment by a User Company.
« Selected Candidate » : designates the Contact who is selected by a User Company to fulfill a job or temporary employment offer.
« Temporary” or “Co-workers » : refers without distinction to Contacts who have already worked or are working on behalf of a User Company and who as such have an employment contract.
« User(s) » : designates in an undifferentiated manner the User Companies, Administrators, Customers and Contacts who benefit from the Solution.
« Content » : designates all data, information, files, texts, images, videos, audios, codes, logos, drawings etc. issued or received by the User on their account or personal space.
« User Company Offer» : designates the Solution which is paid for and reserved for Business Users and whose functionalities are set out in Article 5 of These General Conditions.
« Terms and conditions « : designate these General Conditions of Use of the Solution. They can be consulted freely on the Site or the Timeko interim or MyTimeko mobile applications and mustbe read and accepted by any User.
« OTP » : means One Time Password which means a one-time password valid for one session.
ARTICLE 4 – DESCRIPTION DES APPLICATIONS
The Timeko, Timeko Interim and MyTimeko Solution brings together the following applications:
ARTICLE 5- GENERAL FUNCTIONALITIES
The Solution is a tool to facilitate operational communications to save Users time.
LINKAVIE sets up partnerships with Business software publishers to allow Timeko to integrate with them or can also integrate with any Web software solution of a User Company allowing the search/list of Contacts with which the User Company wishes to communicate/collaborate.
The functionalities offered by the Solution are as follows.
5.1. Provisions common to User Companies
All open functionalities that can be offered to Business Users are as follows:
In addition to the provisions common to any User Company, ETTs can, via the complementary Timeko Plus web application, access a space dedicated to temporary work allowing them to more easily manage their recruitment process.
5.3. Provisions specific to Contacts
Features of the Timeko web and mobile applicationsinterim or MyTimeko depending on the quality of the User Company, oopen to Contacts are as follows:
The User has the possibility of illustrating his profile with a photograph. The User also has the possibility of sharing photographs via their Personal Space or Account on the Solution.
The User of the Solution declares and guarantees that he has the rights to the photograph(s) chosen and downloaded or imported onto the Solution.
He therefore undertakes to ensure that any photograph does not infringe the image rights and privacy of a third person, copyright and generally any rights of a third party.
It is expressly prohibited to publish the image of a person without their consent or any content likely to infringe on the privacy of a person without their authorization.
ARTICLE 6- DESCRIPTION DES SERVICES PROPOSES
The different services offered by the Solution take the form of Modules.
6.1. Modules offered to User Companies
The different Modules offered to User Companies are chargeable and are as follows:
6.1.1. Module de communication
The functionalities of the Communication Module are as follows:
(i) Message template management;
(ii) Management of SMS quotas per month;
6.2.2. Module Talents
Timeko Talents: Timeko Interim Talents or MyTimeko Talents
The features of the Timeko Talents Module are as follows:
6.2. Application proposed to Contacts
The Web and mobile Application offered to Contacts is called Timeko Interim or MyTimeko depending on the quality of the User Company. This is a free version, which requires the Contact to register in the web or mobile application.
To register and use the applications, the Contact must have been invited by email or SMS by a User Company or have spontaneously connected to the application concerned.
The functionalities available for the application offered to Contacts are as follows, depending on the status of the Contact concerned:
The Contact is informed that he will be able to provide the information and download the documents only necessary according to his status (potential, expected, selected, temporary/collaborator).
ARTICLE 7 – USE OF THE SOLUTION
7.1. Data accessible to the User Company
The Timeko application and its Web complement Timeko Interim or Timeko Plus are made available to User Companies under the paid license(s) granted to them.
The Timeko interim and MyTimeko web and mobile applications are free for all Contacts and accessible by invitation from User Companies or by spontaneous registration from the Contact.
The data relating to a Contact is only visible to a User Company if the Contact has been previously invited by the latter and has registered on the Timeko Interim or MyTimeko web or mobile application following an invitation from its go.
The data relating to a Contact who spontaneously registers on the Timeko Interim or MyTimeko web or mobile application without having been invited by a User Company, will be visible to all User Companies having taken out a subscription.
The type of data that is visible to the User Company depends on the status of the Contact concerned: “Potential Candidate”, “Prospected Candidate”, “Selected Candidate”, “Temporary/Co-worker”.
7.2. Access to the Solution
7.2.1. User Company Account
Access to the Solution is by authentication (username/password) and using available networks. The first authentication allows LINKAVIE to create the Account of the User Company.
Once the Account is created, the User Company has the choice to designate one or more Administrator(s), responsible for the use and access to its Account.
The Administrator(s) have the ability to create several user sub-accounts. Fields followed by a star must be completed. Otherwise, user sub-accounts cannot be created.
The User Company undertakes to ensure that the information provided by it or its Administrator(s) is accurate and to keep it up to date via its Online Account.
The User Company is informed that only the Administrator or Administrators it has designated have the right and control of their online space.
Any user of the User Company using the Timeko Talents module has the possibility of inviting individuals to register with Timeko interim or MyTimeko. The natural person concerned may accept or refuse to join the Timeko interim application or the MyTimeko application as the case may be.
During the first connection, each User of the User Company must accept these General Conditions of Use to validate said registration or connection.
7.2.2. Personal Contacts Area
Individuals who have accepted the invitation or who have spontaneously registered on one of the Timeko interim or MyTimeko applications, as the case may be, will be able to access their personal space by providing an identifier and a One Time Password (OTP) received by SMS or by email. E-mail.
After registering for the Solution, these people become Contacts and Users of the Solution within the meaning of these General Conditions of Use.
The data entered by Contacts in their Personal Space is and remains personal to them as a natural person.
Contacts undertake to ensure that the information provided is accurate and to keep it up to date via their personal online space.
7.3. Username and password
7.3.1. Provisions common to all Users
The User must immediately inform LINKAVIE if he notices a security breach relating to voluntary communication or misappropriation of identifier and/or password for User Companies, so that LINKAVIE can immediately take any appropriate measures in to remedy the security breach. LINKAVIE will reset the identifiers and/or password.
7.3.2. Provisions specific to User Companies
The User Company and its Administrator(s) have a common account with a username and password per User.
The password allowing access to your Account/Personal Space must contain 12 characters including at least one uppercase letter, one lowercase letter, one number and one special character.
The User of the Company Using the Solution is solely responsible for maintaining the confidential nature of his username and password.
The loss of its username and/or password cannot be attributed to LINKAVIE.
In the event of unauthorized use of their username and/or password or forgetting their password, the User of the User Company concerned must follow the procedure indicated on the website.www.timeko.fr.
The User of the User Company is informed that it is advisable to change the password every THREE (3) months and that the new password must be different from previous passwords.
Any connection using the identifiers and password of a User of the User Company and/or the Administrator(s) placed under his or her responsibility, will be irrefutably deemed to emanate from the User Company and/or or its Director(s) placed under its responsibility. The User Company undertakes to assume the consequences.
7.3.3. Provisions specific to Contacts
The connection is made using an identifier and an OTP sent by email or SMS.
Please note that the identifier is strictly personal. The loan and transfer of the identifier to any third party is prohibited, whatever the reason.
ARTICLE 8- TITLE
The duration of use of the Solution depends on the quality of the User concerned.
8.1. Provisions specific to User Companies
The duration of commitment of Business Users of the Solution depends on the contracts signed by them with LINKAVIE. In any case, the subscription is for a fixed period.
The end of this subscription will de facto result in the closure of the User Company’s account.
If the User Company does not comply with these General Conditions of Use, the subscription may be terminated early according to the stipulations provided for in the General Conditions of Sale.
The closure of the User Company’s Account will be effective on the last day of the subscription at 11:59 p.m.
8.2. Provisions specific to Contacts
For Contacts, the duration of use of Timeko Interim or MyTimeko, as the case may be, is indefinite. The Contact may terminate their registration at any time and without reason. His request will be effective subject to fifteen (15) days’ notice. The account will be closed automatically on the last day of notice at 11:59 p.m.
To cancel their registration, the Contact must connect towww.timeko-interim.com or www.timeko.fr on the Contact page to access the drop-down menu and click on the “Terminate Timeko Interim» or «Cancel MyTimeko» depending on the application used by the Contact.
A Contact’s Personal Space may be closed by LINKAVIE in the event of non-compliance with one of the clauses of these General Conditions of Use under the conditions of article 13 of these General Conditions of Use.
ARTICLE 9: OBLIGATION OF THE USER
9.1. Obligations of Users towards other Users
The Solution gives Users the opportunity to communicate with each other.
Users must therefore use the services offered in a manner that complies with the law and is respectful of other Users.
Thus, Users undertake not to use the Solution to broadcast a message and/or attachments:
9.2. Obligations common to all Users with regard to the solution
The User undertakes to respect these General Conditions of Use.
The User undertakes to use the Solution in accordance with its intended purpose and to ensure that their equipment allows them access to the Solution.
For optimal use of the Solution, the User undertakes to update the data they provide. He undertakes not to enter or communicate any false and/or misleading data and/or documents.
The User is responsible for his or her conduct and any content created, stored or transmitted as part of the service offered by LINKAVIE.
The User undertakes not to cause any technical harm to LINKAVIE. In particular, it undertakes not to harm the physical or computer integrity of the server or servers by using programs, files infected by viruses or any other computer programs of the same nature which could disrupt the operation of the service, to take control of a computer station remotely. The User will be solely responsible for any damage that may result from his actions.
The User therefore undertakes not to use the Solution to violate the law in force and not to encourage a third party to violate the law.
The User is prohibited from:
– To use the Solution for any other processing not authorized by LINKAVIE;
– To make its access available to unauthorized third parties as part of a loan, rental or transfer free of charge or for a fee.
9.3. Obligations specific to User Companies
It is up to any Company Using the Solution to ensure that the Service offered by LINKAVIE corresponds to its needs.
ARTICLE 10 – LINKAVIE OBLIGATIONS
10.1. Accessibility and availability of the Solution
LINKAVIE will make its best efforts to ensure the availability and accessibility of the Solution, with the exception of maintenance periods, updates, service improvements or cases of force majeure.
The User is informed that the connection to the services is made via the Internet network. He is informed of technical hazards which may affect this network and lead to slowdowns or unavailability making the connection impossible. LINKAVIE cannot be held responsible for difficulties in accessing the Solution which may be due to disruptions in the internet network.
In the event of a security breach noted by LINKAVIE, likely to seriously compromise the security of the site and the User’s data, LINKAVIE may proceed, without notice, to a temporary interruption of the services in order to remedy the security breach in the as fast as we can.
LINKAVIE undertakes to implement technical, organizational and physical measures consistent with the state of the art in order to ensure the security of the solution as well as the hosted data. LINKAVIE undertakes to implement the necessary means to ensure the conservation and physical integrity of the data hosted through its Solution.
LINKAVIE acts as an intermediary and cannot be considered a recruitment company or an employer.
LINKAVIE does not intervene at any time during the recruitment stages and afterwards, in correspondence between Users. LINKAVIE is therefore a third party to relations between User Companies and their Customers and/or their Contacts.
LINKAVIE cannot be held responsible for any breaches that a User Company commits towards a Client or Contacts or that a Contact or Client commits towards a User Company.
LINKAVIE only provides an infrastructure to facilitate relationships and communications between Users in the context of temporary assignment offers or job offers.
LINKAVIE cannot be held liable due to non-performance or delay in the performance of its services when this non-performance or delay is due to the User or a case of force majeure (in particular blockage, failure of telecommunications networks, insurrections, civil war, war, military operations, state of national or local emergency, epidemic, fire, lightning, explosion, strike, flood, storm, act of a third party).
Likewise, LINKAVIE cannot be held liable in the following cases:
ARTICLE 11 – REPORTING ILLICIT CONTENT
Any User who considers that content (message and/or attachment) is of an illicit nature undertakes to inform LINKAVIE as soon as possible so that LINKAVIE can become aware of it and take the necessary measures.
LINKAVIE informs the User that the latter can report any content via a reporting form available using a drop-down menu located in the “Contact» from the website:
This technical device must be directly accessible from the contentious content.
To report illegal content, the User must provide the following information:
Beyond this information, the User must send the following information depending on whether he is a natural or legal person.
When the User is a natural person, he must also communicate:
When the User is a legal entity, he must also communicate:
The User certifies that the information communicated in the notification form is accurate. The User is expressly informed that “The fact, for any person, of presenting (…) content or activity as being illicit with the aim of obtaining its withdrawal or stopping its distribution, when he or she knows this inaccurate information, is punishable by ‘a sentence of one year’s imprisonment and a fine of 15,000 Euros“. (Article 6-I-4 of LEN law no. 2004).
ARTICLE 12 – MODIFICATION OF THE GENERAL CONDITIONS
12.1. Provisions common to all Users
These General Conditions of Use apply automatically to all Modules offered by LINKAVIE and which concern the Solution. The fact of being registered on one of the applications of the Solution implies the User’s full and unreserved acceptance of these General Conditions of Use.
LINKAVIE reserves the right to modify and update the General Conditions of Use, particularly in the event of developments and/or modifications to its services, developments in the law and/or case law. .
In such a case, LINKAVIE will inform the User by email, or via the web interface or mobile app of their personal space.
12.2. Provisions specific to User Companies
If the User Company does not wish to accept the new General Conditions of Use, it must send an email to LINKAVIE within a period indicated in the General Conditions of Sale.
In this case, the subscription taken out by the User Company will not be renewed at the end of its term and its Account will be closed. The latter will have the possibility of terminating the subscription under the conditions provided for in the General Terms and Conditions.
12.3. Provisions specific to Contacts
Contacts who do not wish to have the new General Conditions of Use applied must stop using the Solution and close their personal space before the new General Conditions of Use come into force.
ARTICLE 13 – TERMINATION
13.1. Provisions specific to User Companies
Failure to comply with one of the clauses of these General Conditions of Use may result in the closure of your account as well as the early termination of your Subscription Contract in accordance with the following provisions.
In the event of non-performance of one of the obligations provided for in these General Conditions of Use, by either party, the subscription may be terminated early by the injured party.
It is expressly agreed that this termination will take place automatically THIRTY (30) days after the date of receipt or the date of first presentation of the letter of formal notice to perform, which has remained in whole or in part without effect.
The formal notice may be notified by registered letter with acknowledgment of receipt or by extrajudicial document. The formal notice must mention the intention to apply this clause in accordance with article 1225 of the civil code.
Termination will be automatic without the need for it to be established by a court decision.
13.2. Provisions specific to Contacts
Any breach of one of these clauses by the Contact may result in the closure of their personal space to the Solution by LINKAVIE within the same deadlines as the article above. The Contact will be informed by email.
ARTICLE 14 – ENFORCEABILITY OF THE GENERAL CONDITIONS OF USE
14.1. Provisions common to all Users
When registering or after being invited, the User must check the acceptance box provided for this purpose. By checking the box, the User fully adheres to these General Conditions of Use.
Any registration for one of the applications of the Solution implies full acceptance of these General Conditions of Use.
14.2. Provisions specific to User Companies
The User Company expressly waives the right to rely on its own general purchasing conditions such that these General Conditions of Use prevail over its general purchasing conditions.
ARTICLE 15 – CONSERVATION OF IDENTIFICATION DATA
In accordance with article 6-II of the law on confidence in the digital economy n°2004-575 of June 21, 2004 and its implementing decree n°2021-1362 of October 20, 2021, in its capacity as host , LINKAVIE is subject to the legal obligation to retain the identification data of people who have created an Account or a Personal Space.
LINKAVIE may be required to communicate this identification data upon request from the judicial authority.
ARTICLE 16 – INTELLECTUAL PROPERTY
LINKAVIE is the holder of two French trademarks registered with the INPI:
Any reproduction of the trademarks without the prior written authorization of LINKAVIE constitutes an act of counterfeiting and may result in legal action.
16.2. The Solution and the website
16.2.1. Provisions common to all Users
LINKAVIE holds the copyright on the Solution and on the websitewww.timeko.fr And www.timeko-interim.com within the meaning of the provisions of the Intellectual Property Code. These intellectual property rights cover the Solution and the site as a whole as well as each element, in particular the graphic charter, the editorial content, the photographs, software, drawings, databases.
The use of online services on the website does not result in any transfer of ownership for the benefit of the User.
Any partial or total reproduction of the content of the Solution and/or websites belonging to LINKAVIE without its prior written authorization constitutes an act of counterfeiting likely to result in legal proceedings.
However, the User is prohibited from:
16.2.2. Provisions specific to Contacts
LINKAVIE grants Users, on a non-exclusive basis, the right to use the Solution to the extent necessary for the use of the mobile application and the website.
16.2.3. Provisions specific to User Companies
The User Company only acquires a license to use the Solution from LINKAVIE. The license granted by LINKAVIE on the Solution to the User Company is strictly personal, it is non-exclusive, non-transferable and non-transferable to third parties.
The User Company accepts the terms of the license to use the Solution, upon acceptance of the General Conditions of Use. As a result of this acceptance, the User Company undertakes to use the Solution under the conditions strictly defined by these General Conditions of Use and in compliance with the applicable legal provisions.
As part of the license to use the Solution granted to the User Company by LINKAVIE, the latter undertakes not to directly or indirectly infringe LINKAVIE’s property rights over the Solution.
The duration of the license is limited to the duration of the subscription.
Within the framework of the license granted to it, the User Company
LINKAVIE guarantees that the Solution does not infringe the intellectual property rights of a third party.
As such, LINKAVIE guarantees the User against any recourse, complaint or demand from a third party concerning the intellectual property rights relating to the Solution.
In such a case, LINKAVIE undertakes to do everything possible to allow the User to continue using the Solution.
ARTICLE 17- PERSONAL DATA
ARTICLE 18 – DIVERS
18.1. Reversibility of User data
The purpose of reversibility is to ensure continuity of service. To this end, the User will have the option of recovering data concerning him at his request and according to his needs.
For User Companies which are linked to LINKAVIE by a contract, this reversibility can be done in any case before the end of the contractual relationship.
18.2. Entire General Conditions of Use
These General Conditions of Use represent the entirety of the commitments existing between the Parties. They replace and cancel any previous oral or written commitment.
It is formally agreed that any tolerance or waiver in the application of all or part of the commitments provided for in these General Conditions of Use, whatever the frequency and duration, cannot constitute a modification of these General Conditions of Use. ‘Use, nor generate any right.
18.4. Nullity and independence of clauses
In the event that one or more of the stipulations herein is or becomes void, illegal or deemed inapplicable for any reason whatsoever, the validity , the legality or applicability of any other stipulation of the contract would in no way be affected or altered, unless these other stipulations of the contract form an integral part or are clearly inseparable from the provisions invalidated or deemed inapplicable or their cancellation calls into question the general balance of the convention.
The titles introducing the different articles of these General Conditions of Use serve only to facilitate reading. The Titles must in no way serve as a tool for interpreting any rights or obligations of these General Conditions of Use.
18.6. Applicable law and language of the Contract
These General Conditions of Use are written in French and are subject to French law..
ARTICLE 19 – AMICABLE SETTLEMENT CLAUSE
In order to find a solution to any dispute which may arise in the conclusion, interpretation, execution or termination of these General Conditions of Use, the most diligent party will send a registered letter with acknowledgment of receipt on paper and /or digital to the other Party in order to report its claims.
This amicable settlement procedure constitutes a mandatory prerequisite to the initiation of legal action between the Parties. Any action brought to court in violation of this article would be declared inadmissible.
If at the end of a period of THIRTY (30) days from receipt of the letter, no amicable solution is found, either Party may refer the matter to the competent Court designated in article 20 of these General Conditions of Use. .
ARTICLE 20 – CLAUSE ATTRIBUTIVE DE COMPETENCE
Any dispute relating to the conclusion, interpretation, execution or termination of these General Conditions of Use will be submitted to the Commercial Court of Aix en Provence with exclusive jurisdiction, including in summary proceedings, notwithstanding the warranty or the plurality of defendants. This clause only applies to the relationship between LINKAVIE and the User Companies and/or Customers.
This clause does not apply within the framework of the contractual relationship between LINKAVIE and the Contacts.