General terms and conditions of use of the free-work.com website December 3rd, 2024

Please carefully read these General Terms of Use (hereafter referred to as Terms) before navigating the site or using the services accessible to users.

1. Purpose - Services

1.1 These General Terms of Use govern the use and operation of the Free-Work.com website (hereafter referred to as the Site).

1.2 The Site is published by FREE-WORK/AGSI SAS, headquartered at 5 rue de Bailly, 92200 Neuilly-sur-Seine, France, with a share capital of €50,000, registered with the Paris Trade and Companies Register under number 450 955 893. The Site is hosted by AWS Amazon Web Services, Inc., EU Region (Paris), 67 Boulevard du Général Leclerc, 92110 Clichy, France. The Director of Publication is Olivier Martin.

1.3 Any use of the services accessible on the Site implies full and unconditional acceptance of these Terms. If you do not agree with any part of these Terms, you are not authorized to use the Site or its services. The Terms can be consulted at https://www.free-work.com/fr/terms and are available upon request via email at: users[at]free-work.com. Users must accept these Terms by checking the box provided before using the Site.

1.4 Access to the services described in Section 1.5 is reserved for individuals registered on the Site as users seeking employment or freelance assignments in the IT sector (hereafter referred to as Candidates).

1.5 FREE-WORK/AGSI SAS offers a platform that connects recruiters registered on its Technojobs site (also managed by FREE-WORK/AGSI SAS) with IT professionals.

Specifically, the platform provides Candidates access to the following services (Services):

• a) Candidates’ CVs and information submitted during registration (Information) are included in the CV database of Technojobs.
• b) This CV database is available to Technojobs clients, including IT professionals seeking employees or freelancers (Recruiters).
• c) Users can access job and freelance postings shared by Technojobs Recruiters. Candidates may apply or respond to postings through an interface developed by FREE-WORK/AGSI SAS.
• d) Registered Users gain access to a discussion forum, as outlined in Section 4.1.
• e) Registered Users can access a blog published by FREE-WORK/AGSI SAS, as outlined in Section 4.2.

1.6 FREE-WORK/AGSI SAS reserves the right to update these Terms or make changes to the Site and its Services at any time, particularly in response to legal or technical developments. Users will be notified of these changes and must agree to the revised Terms. If they do not, the Terms applicable at the time of registration will remain in force.

2. Conditions for Using the Site and Accessing Services

2.1 Use of the Site is free for Users, excluding any internet connection costs charged by their provider.

Registration Process:

• a) Account Creation:

  Users must create an account on the registration page at https://www.free-work.com/en-gb/register. During this process, they must provide a verified email address, first name, and last name. Users must also accept the Terms and set a username and password, which must remain confidential. Free-Work recommends changing passwords periodically and requires immediate notification in case of loss or theft.

• b) Uploading a CV and Information:

  Candidates must upload their CVs and related information through their account. They guarantee the accuracy and completeness of their data and commit to keeping it updated.

2.2 Users agree to use the Site solely for its intended purposes and not to harm or disrupt its operation.

2.3 Users acknowledge:

• (a) That he/she is solely responsible for the Information he/she submit and provides on the Site, as well as for all content he/she posts on the Site, including his/her contributions to the forum (collectively referred to as the Content), and for any consequences related to their disclosure on the Site,.
• (b) that he/she uses the Site at his/her own risk. Specifically, the User is fully aware of the limitations of the Internet and understand that, despite all the security measures implemented by Free-Work/AGSI SAS to secure access to the Site, Free-Work/AGSI SAS cannot guarantee the absence of fraudulent intrusion on the Site or the User’s information system, including unauthorised diversion, extraction, alterations, contamination by computer viruses, or leaks of programs or data, including, but not limited to, Information, identifiers, and passwords. It is the User’s responsibility to back up any such data, with Free-Work/AGSI SAS disclaiming any responsibility in case any of the events mentioned above occur, unless they are directly caused by its fault. In any case, Free-Work/AGSI SAS shall not be held liable for any interruption and/or malfunction of the Site and/or Services, regardless of the cause,
• (c) that Free-Work/AGSI SAS is not a party to any potential exchanges or contractual relationships between a Candidate and Recruiters and cannot be held liable in relation to them.
• (d) that by registering on the Site as a Candidate, he/she agrees that his/her CV and any Information he/she provides through the Site may be included in the CV database and shared with anyone who has access to the Technojobs site, particularly with Recruiters.

2.4 Free-Work/AGSI SAS ensures that Recruiters registered on the Technojobs site are reputable companies and strives to obtain all necessary guarantees to that effect during their registration on the Tchnojobs site. However, Free-Work/AGSI SAS declares, and the User acknowledges, that Free-Work/AGSI SAS cannot be held responsible for how Recruiters use the Information nor for how they store or transfer the Information entrusted to the Site by Users.

2.5 By these Terms, the User grants Free-Work/AGSI SAS, free of charge and for worldwide use, the rights to reproduce, communicate, and use the Information they provide on the Site, notably for inclusion in the CV database. This includes usage through downloads on any operational medium, under the conditions and for the duration specified herein, and for the purposes outlined in these Terms.

Unless contrary to mandatory public policy provisions, the User waives all claims against Free-Work/AGSI SAS, the publisher of the Free-Work.com site, for any breach of rights to image, reputation, personal data, or privacy arising from the disclosure of Content in accordance with these Terms.

2.6In the event of non-compliance with these Terms, including providing false information or failing to meet the obligations described herein or under applicable regulations, access to the Services may be suspended. Free-Work/AGSI SAS may terminate, in whole or in part, access to the Site and Services, and remove all Information, including the CV, from the CV database without notice, prejudice, or compensation. This is without prejudice to any damages to which Free-Work/AGSI SAS may be entitled.

3. Protection of Personal Data

The collection and processing of personal data provided by the User through the Site (the "Data") comply with legal requirements regarding personal data protection, particularly the General Data Protection Regulation (GDPR), Law No. 78-17 of January 6, 1978 (as amended by Law No. 2018-493 of June 20, 2018), and Ordinance No. 2018-1125 of December 12, 2018 (the "Regulation").

Pursuant to the Regulation, it is specified that the personal data requested from the User and provided by them is essential for the execution of the Services to which they have subscribed.

The User consents to the transmission of their Information and Content, including personal data, to Recruiters as well as to Free-Work/AGSI SAS’s partners involved in the delivery of the Services.

The rules governing the protection of Users' personal data are outlined in the Site's data protection policy, which forms an integral part of these Terms and can be consulted at: https://www.free-work.com/en-gb/terms/privacy. Users are advised to review this policy before registering on the Site.

At any time, the User may update, modify, or delete their CV or account by logging in with their credentials. In accordance with the Regulation, the User has the right to access, modify, rectify, object to, port, and restrict the processing of their data. For any inquiries or to exercise these rights, the User may contact: rgpd[at]free-work.com.

4. Discussion Areas – Forum – Blog

4.1 Forum: The User has access to the discussion area available on the Site (the "Forum"). After confirming their email address, the User will be asked upon first login to reaffirm their agreement to the following conditions:

• a) By registering on the Free-Work.com Site, the User gains access to the Forum and acknowledges and accepts that, if they do not select a pseudonym during registration, a random default pseudonym may be displayed to other Users registered on the Forum, with whom they can exchange private messages.
• b) The User grants the Site a non-exclusive, royalty-free right to use all discussions, information, and contributions (the "Contributions") they post on the Forum to make them accessible to other Users. This includes the rights to reproduce, publish, and disseminate these Contributions on the Site in connection with the provision of Services, worldwide, for an indefinite period, and through any form of electronic communication.
• c) The User is solely responsible for their Contributions and their compliance with the law, the conditions outlined in these Terms, and third-party rights. The User guarantees Free-Work/AGSI SAS against any claims in this regard. If the User wishes, they are responsible for saving their Contributions, as the Site is under no obligation or commitment to do so.
• d) It is strictly prohibited to post on the Forum Contributions that are: a) illegal, defamatory, discriminatory, offensive, injurious, containing abusive, coarse, obscene, threatening, or unlawful remarks, b) containing third-party personal data, c) spam or unsolicited content, d) commercial or advertising in nature, or links to other websites, including job or mission offers or requests, which are only permitted by creating a "Recruiters" account on the Technojobs site.

A moderator ensures that participants comply with these rules. Free-Work/AGSI SAS reserves the right to remove any Contribution that violates the Terms, particularly if flagged by other Users.

4.2 Blog: Free-Work/AGSI SAS also publishes a blog, accessible at https://www.free-work.com/en-gb/tech-it/blog, for Users who have agreed to the General Terms of Use. The blog is the property of Free-Work/AGSI SAS, as is all editorial content published by Free-Work/AGSI SAS. Any other content is outside the responsibility of Free-Work/AGSI SAS.

5. Partner Tools Offered as White-Label Solutions

5.1 To provide Users with the most suitable, diverse, and high-performing tools, Free-Work/AGSI SAS collaborates with various partners who offer their solutions as white-label services on the Site. Within this framework, Free-Work/AGSI SAS works with the following partners:

5.2 The User acknowledges and agrees that the tools offered by the partners listed above are subject to their respective terms of use. Consequently, Free-Work/AGSI SAS does not guarantee the proper functioning of the partner’s tools, and its liability cannot be engaged in the event of tool malfunctions, inaccuracies in the data provided by the tool, or damages resulting from or related to the use of the tool.

6. Warranties and Exclusions

6.1 Unless otherwise expressly stated in these Terms, the Site and Services are provided "as is." The User acknowledges and accepts that they use the Site at their own risk and under their own responsibility. FREE-WORK/AGSI SAS does not guarantee that the Site and Services will meet the User’s expectations.

6.2 FREE-WORK/AGSI SAS does not guarantee that the Site will operate without interruption, bugs, or errors. It also does not guarantee that the Services will yield specific results, such as contact requests or job or freelance offers from Recruiters, or that interviews will be successful. It is important to note that FREE-WORK/AGSI SAS is not a party to any agreements between Users and Recruiters and does not assume responsibility for such interactions. Any use of Candidate content and information by Recruiters is governed by the direct relationship between the Candidate and the Recruiter, with FREE-WORK/AGSI SAS assuming no obligation or liability in this regard.

7. Intellectual Property

7.1 The Site, blog, and all Site elements, such as software, APIs, texts, images, videos, layout, design, logo, and domain names, along with the trademarks and service marks displayed on the Site, are the property of FREE-WORK/AGSI SAS or its partners and are protected by intellectual property rights.

7.2 FREE-WORK/AGSI SAS grants the User a personal, non-exclusive, non-transferable right to display the Site on a computer screen, for the sole purpose of browsing the Site and using the Services in accordance with these Terms. This license is granted only for the duration of the User’s use of the Services and within the territories where the Site is accessible.

7.3 Any reproduction, distribution, performance, combination, modification, adaptation, correction, translation (into any language), in whole or in part, of any element of the Site or the Services is prohibited. It is also prohibited for the User to use the Site or any of its elements for professional or commercial purposes, directly or indirectly, alone or with third parties, for remuneration or free of charge. The User acknowledges that FREE-WORK/AGSI SAS holds copyright and sui generis rights over the CV database. The User acknowledges that they cannot oppose FREE-WORK/AGSI SAS in performing necessary actions to access the Information for the purpose of using the CV database as described in these Terms. The User also acknowledges that they are prohibited from extracting substantial portions (either in quantity or quality) of the FREE-WORK/AGSI SAS database and reproducing, sharing, distributing, or using the data commercially. Any violation of these provisions will result in legal action for infringement.

8 - Measures Against Discrimination

Free-Work/AGSI SAS ensures compliance with the recommendations established by law and the Defender of Rights. Job postings published through our platforms must not be discriminatory on grounds such as age, gender, religion, disability, etc. Free-Work/AGSI SAS encourages recruiters to exercise caution when drafting their job postings. Offers deemed non-compliant by the Site's moderators will not be published or will be removed without prior notice. Free-Work/AGSI SAS remains available to assist Users with any questions regarding the services accessible on the Site or its editorial content. Questions can be submitted via our contact form: click here.

9. Liability

9.1 FREE-WORK/AGSI SAS’s liability will only be engaged for actions that the User can prove are directly attributable to it and have caused direct, personal, and certain damages, excluding any indirect, non-material, or consequential damages, whether foreseeable or not, and regardless of whether FREE-WORK/AGSI SAS was informed of their possibility. Indirect damages include lost opportunities, income, contracts, reputational damages, data degradation, theft, or loss of data, and any loss resulting from an internet failure that is outside of FREE-WORK/AGSI SAS's control, such as Site or Service unavailability, unauthorized access, extraction, degradation, loss, theft of data, or Service failure.

9.2 FREE-WORK/AGSI SAS is not liable for the use of third-party tools provided under a white-label arrangement on the Site by its partners. The User acknowledges that only the partner providing the tool can be held liable in the event of damages caused by its use.

9.3 The User is solely responsible for the content and information they provide through the Site, as well as for the security of their devices and data backups.

9.4 If FREE-WORK/AGSI SAS is held liable for any claims related to the Information or Site usage by the User, the User agrees to indemnify FREE-WORK/AGSI SAS fully against any liability, compensation, or costs incurred due to such claims.

9.5 In general, FREE-WORK/AGSI SAS will not be liable for any damages caused by force majeure events or actions by the User or third parties.

10. Duration – Termination

The registration for Services is valid for an indefinite period, starting from the date the User creates their account. Either party may terminate the use of the Site at any time.

In accordance with the applicable regulations and FREE-WORK/AGSI SAS's data protection policy:

• a) If the User requests the deletion of their personal data, it will be erased within thirty (30) days of Free-Work/AGSI SAS receiving the request, accompanied by valid proof of identity. In such a case, Free-Work/AGSI SAS will no longer be able to provide any subscribed Services.
• b) The User’s Information will be retained by Free-Work/AGSI SAS for the duration of the User’s account activity, in order to fulfill the purposes for which it was collected, and for an additional period of one (1) or two (2) years, as specified in Free-Work/AGSI SAS’s data protection policy available at https://www.free-work.com/en-gb/terms/privacy. This retention is for legitimate interests, including backup, fraud prevention, and as evidence of the fairness and transparency of data processing. Free-Work/AGSI SAS commits to implementing all technical and organizational measures to ensure the integrity and security of this data.
• c) After this period, the User’s Information will be retained in intermediate storage, in accordance with legal requirements and applicable statutes of limitations, to enable Free-Work/AGSI SAS to defend its interests in the event of legal disputes. The data will then be destroyed or anonymized, as further detailed in the aforementioned data protection policy.

11. Assignment – Subcontracting – Migration

The User authorizes FREE-WORK/AGSI SAS to subcontract any or all of its obligations to a third party of its choice. Similarly, FREE-WORK/AGSI SAS may freely assign or transfer any part of its rights and obligations under these Terms to any third party.

The User also authorizes FREE-WORK/AGSI SAS to perform any functional or purely technical migration of the Services to another environment under its management, with a simple notification to the User.

12. Third-Party Links

The Site may contain links to other websites operated by third parties. The User acknowledges that FREE-WORK/AGSI SAS has no control over these third-party sites and is not responsible for their availability or the content provided on them.

13. Severability

The provisions of these Terms are independent. If any provision becomes unenforceable or illegal, it will be modified only to the extent necessary to ensure that the Terms remain valid. The invalidity or unenforceability of one provision does not affect the validity of the remaining provisions, which will remain in full force and effect.

14. Entire Agreement

These Terms constitute the entire agreement between FREE-WORK/AGSI SAS and the User, superseding and replacing any previous agreements or understandings, written or oral, relating to the same subject matter.

15. Dispute Resolution – Applicable Law

These Terms are governed by French law. Any dispute concerning the relationship between Users and Recruiters will be resolved directly between them. Only the French version of these Terms will be legally binding.

In case of a dispute regarding the interpretation or enforcement of these Terms, the parties agree to meet within fifteen (15) days of receiving a registered letter with acknowledgment of receipt, or an email, from either party, to attempt to resolve the dispute amicably.

If, after another fifteen (15) days, the parties cannot reach an agreement, the dispute will be submitted to mediation by a mediator designated by CMAP (Centre de Médiation et d’Arbitrage de Paris), upon joint request from both parties or, failing that, at the request of the more diligent party, in accordance with CMAP’s procedural rules. If mediation fails after one (1) month, the parties will be free to pursue other legal avenues, and the dispute will be brought before the competent courts in the jurisdiction of the Paris Court of Appeal.

16. Updates

These Terms may change from time to time. FREE-WORK/AGSI SAS will take reasonable steps to inform Users of any modifications, including publishing the updated version on the Site. Any use of the Site or Services after the updated Terms have come into effect will constitute acceptance of those modifications.

17. Contact Information

Our contact details are as follows: Free-Work.com is a site owned by Free-Work/AGSI SAS, headquartered at 5 rue de Bailly, 92200 Neuilly-sur-Seine, France, with a share capital of €50,000, registered with the Paris Trade and Companies Register under number 450 955 893.

Email address: users[at]free-work.com

Director of Publication: Olivier Martin