Article 1. USE OF SERVICES
The use of the website
The purpose of these Terms of Use (“Terms”) is to regulate the use of the www.marinescence.com website, including all content, features and services accessible via www.marinescence.com (“Site”), published by Marinescence (“Marinescence”).
For the purposes of the present document, the term “User” refers to any user of the Site, whether registered or not, visiting, attempting to visit or having visited any element, of whatever nature, be it an html page, java applet or other, and / or accessing, attempting to access or having accessed any service, regardless of the code and / or technology, that is accessible via the Site
Services proposed by Marinescence
Marinescence is a recruitment agency specializing in the sector of yachts and puts online services (“Services”) allowing:
Without creating a user account:
- to view the presentation of the Services;
- to consult job offers;
- to consult the news of the sector of yachts.
From the creation of a user account:
For the candidate:
- to save search criteria;
- to publish CVs;
- to apply for job offers;
- to receive job offers;
- to manage the account and update the personal data;
- to manage the applications;
- to access to the various services offered.
For the employer:
- to save search criteria;
- to publish job offers;
- to manage the account;
- to manage the applications;
- to access to the various services offered.
In order to access all the Services and create a user account, the User may be asked to duly complete all parts of certain mandatory fields as indicated by Marinescence. Marinescence reserves the right to delete any files containing incomplete or incorrect information.
In using the Services, the User agree not to upload, write or publish to the Site, by any means, information that is offensive, illegal or likely to infringe upon the rights of, harm, or endanger any person. The User is solely responsible for the information and content he provides to Marinescence via this Service, and for ensuring the accuracy of such information and content that he will keep updated.
The creation of the user account will be confirmed by email to the address given at registration.
If the registration has not been followed by a mission and / or recruitment, the user account will be deleted 12 months after his last connection. One month before expiry, a message from Marinescence will alert the User of its upcoming deletion. The User can reactivate his account for 12 months by simply logging in using his e-mail address and password.
Article 2. INTELLECTUAL PROPERTY RIGHTS
All content on the Site including, but not limited to, architecture, text, photographs, illustrations, applications is the exclusive property of Marinescence, its technical service providers, or their dependants.
Access to the Site gives the User non-transferable and non-exclusive rights to use this Site. All other rights are specifically reserved by Marinescence.
In accordance with Article L.122-4 of the French Intellectual Property Code, any representation, reproduction, extraction, or exploitation not specifically authorized by Marinescence in full or part, whether gratis or for a fee, by any means whatsoever, of one or more elements of the Site, is illegal and constitutes an infringement, punishable by articles L.335-2 et seq of the Intellectual Property Code.
“Marinescence” and “Oscéa” logos and names on the Site are registered trademarks or protected in accordance with the French Intellectual Property Code, their reproduction without prior written permission of the owner also constitutes an infringement of Intellectual Property Rights.
Article 3. SITE NAVIGATION
Before connecting to the Site, Users are responsible for ensuring that their browser allows access to the Service, in a secure configuration where applicable. Similarly, before using any of the Services, users should check that the cache of their browser has been emptied, to ensure that the pages viewed are up to date versions.
Connection data
The Site automatically receives certain information about its users, such as user IP (Internet Protocol) address, IP address of the ISP (Internet Service Provider), date and time of access to the Site, website from which the user is redirected to the Site, operating system used, pages visited and any information posted to or downloaded from the Site. This data may be used for system administration and to improve Services.
Cookies
When consulting the Site, information may be saved in “Cookies” files installed in the User’s computer, tablet or mobile phone.
A Cookie is a text file placed in a dedicated area of the hard drive of the terminal (computer, tablet or mobile phone), when viewing a content or an advertisement. This Cookie file can only be read by its issuer. It identifies the terminal in which it is registered for a period of validity limited to 13 months.
Marinescence uses three types of Cookies which can thus be recorded in the User’s terminal during a visit to the Site:
- The technical Cookies are necessary for the navigation in the Site, as well as the access to the Services, they allow in particular:
- to adapt the presentation of the Site to the display preferences of the terminal (language used, display resolution),
- memorize the passwords and other information provided on the Site and implement security measures.
These Cookies cannot be deactivated or set, otherwise they will not be able to access the Site and / or the Services.
- Audience measurement Cookies are issued (such as AT Internet, Google Analytics, etc …) and are used:
- to measure the audience of the various contents and sections of the Site in order to evaluate and better organize them,
- if necessary, to detect navigation problems and consequently improve the ergonomics of the Services.
These Cookies only produce anonymous statistics and traffic volumes, to the exclusion of any individual information.
- “Social Networks” Cookies allow to share Site content with other people or to let other people know about your consultation or your opinion concerning a content on the Site. This is particularly the case of buttons “share”, “I like”, from social networks “facebook” or “twitter”. The social network providing such an application button is likely to identify the User with this button, even if he did not use this button when viewing the Site.
By using the Site, the User consents to the use of the aforementioned Cookies. However, it is possible to choose at any time to disable all or part of these Cookies, with the exception of Technical Cookies necessary for the use of the Site.
The User’s browser can also be set to report Cookies that are deposited in the terminal and ask to accept them or not. To do this, simply go to the browser’s help menu to find out how to change cookie settings.
Hyperlinks
Marinescence may present links to other sites from the Site.
These sites are independent of the Site. Marinescence does not edit or control the sources or content of these sites, or their links to other sites. Links to these sites do not imply approval, validation or adherence by Marinescence to the content of these sites or any association of Marinescence with the owners and / or authors, designers, moderators, managers or hosts of these sites.
Marinescence can therefore not be held responsible for the content, products, services, advertising, cookies or other elements of these sites nor for any damages or losses, true or alleged, consequential to or in connection with the use of information, opinions, services or data available on these sites.
Article 4. RESPONSIBILITY
Marinescence may not be held liable for any damages whatsoever resulting from a connection to and / or use of the Site and / or any Service.
Identifier and access code confidentiality
In order to use certain Services, Marinescence grants the User identifiers and access codes to connect to the Service. These identifiers and access codes are strictly personal, non-transferable and confidential, and are under the User’s responsibility. All access to and use of a Service, including any operations made through it, which are made using a User’s access code shall be deemed to have been made by the User. The User therefore agrees not to transfer or disclose access codes to any third party. The User remains solely responsible for the use thereof and shall take all necessary measures to ensure and preserve their confidentiality.
Should Marinescence have reason to believe there has been abusive or non-compliant use of the access code, and more generally for Site security, Marinescence reserves the right at any time without prior notice or formality, to suspend and / or remove any access code or access to the Site; this action does not give rights to compensation for any damages, including loss of profit, business or opportunities. Marinescence will however endeavour to inform the User concerned by such measures.
Notwithstanding the above, the User agree (i) to inform Marinescence without delay of any unauthorized use or knowledge, by a third party; of your user names and access codes as well as the circumstances resulting in such use or knowledge, and (ii) to cooperate actively with Marinescence to stop this unauthorized use or knowledge.
Marinescence cannot be held responsible for the use of the Service by a third party in possession of a User’s access codes.
Site content
The information and data available on the Site are for informational purposes only and do not in any way constitute legal and / or operational advice, nor can they incur any liability for Marinescence.
In this context, the site includes information and data relating to news, Marinescence, job or contract offers, temporary employment regulation and employment law.
Marinescence does not guarantee access to, relevance, updating or completeness of the information provided and cannot incur any liability for this information, advice or content, nor for any decisions made based on or influenced by such content or by unavailability of the Site, including during maintenance periods.
We remind you of the risks inherent to electronic transmission of information. Delays, omissions or inaccuracies may occur. The information accessible through the Site is published as entered, whatever the source.
Confidentiality of communications via Internet and other networks
Insofar as communications via the Internet and other telecommunications networks (particularly when accessing via a mobile device) are by default not secure connections, Marinescence cannot be held responsible for any voluntary or involuntary third-party interception of messages and / or information exchanges between a User and Marinescence.
Availability
In principle the Site is available around the clock, except during scheduled or unforseen interruptions for maintenance, updating or force majeure. Marinescence being de facto responsible for keeping the Site available, it cannot be held liable for any damages whatsoever, resulting from the unavailability of the Site.
Evidence, Storage and Archiving
Within the framework of the Services, the User and Marinescence agree to set rules on evidence that is acceptable to them in case of dispute, and its probative value. The following provisions therefore constitute the evidence agreement concluded between the User and Marinescence.
The computerised records that are saved in Marinsecence’s systems, following security best practice, will be considered as proof of email communications, sending out of registration forms, document downloads, acceptances, subscriptions to services and orders. Archives of such information and documents are stored in such a way as to ensure reliability and long-term stability as required by law. It is hereby agreed that in case of discrepancies between the computer archives and any other documents, whatever the format (paper, electronic or otherwise), the computerised records of Marinescence shall prevail
Article 5. PROTECTION OF PERSONAL DATA
Personal data corresponds to any information that may allow the identification of a natural person directly or indirectly: surname, first name, IP address, email address, etc.
Marinescence is required to carry out processing of personal data via its Site and as part of its recruitment activity (management of applications, linking with recruiters, hires). These processes are carried out in accordance with the General Regulations of the European Union on Data Protection.
The personal data being processed by Marinescence are the data directly provided by the Users on the Site, but also the data indirectly collected by the use of the Site.
The personal data that Users are required to provide on the Site (in particular the candidates) are information directly and necessary related to the types of employment offered by Marinescence and the assessment of professional skills of the candidate, namely:
- First and last name,
- Address,
- Age and date of birth,
- Email address,
- Phone number,
- Photos,
- Hobbies and interests,
- Desired functions,
- Sex,
- Nationality,
- Alcohol consumption,
- Tobacco consumption,
- Visible tattoos,
- Emergency contacts,
- Professional experience,
- Qualifications,
- Training,
- Maritime licenses and diplomas,
- Passport and visa information,
- Language,
- Availability,
- Choice and professional wishes,
- Professional references,
- Current wages and desired wages,
- Skills,
- CV and cover letter.
At any time, the User has the faculty to modify this information from the Site.
The personal data collected indirectly because of the use of the Site are:
- the date, time of the connection and / or navigation,
- the type of browser,
- the browser language,
- URL consulted,
- the Internet protocol address and the IP address.
The analysis of these data aims to:
- produce non-nominal indicators and offer a more personalized service;
- to ensure that the use of the Site is in accordance with the Terms.
Marinescence processes the personal data provided by the User to benefit from the Services it deploys in terms of recruitment (publication of job offers, matching applications and job offers, transmission to the recruiter resumes and cover letters …) and for commercial purposes.
All personal data being confidential, access to them is limited.
Marinescence is however obliged to transfer all or part of the personal data to trusted third parties, as part of its Services, including employers.
All persons having access to personal data are bound by confidentiality and may be subject to sanctions if they fail to comply with these obligations.
All data collected during the creation of the account and / or processed after this date will be kept for a period of three years after the last contact of the User with Marinescence or his last connection to the Site.
Marinescence endeavors to keep the personal data it processes securely and only for the time necessary to achieve the purpose of the treatment.
In this perspective, Marinescence takes appropriate physical, technical and organizational measures to prevent and prevent, as far as possible, any alteration, loss of data or unauthorized access to them.
If Marinescence learns that a third party to whom it has communicated personal data for the purposes set out above, uses or discloses personal data in violation of applicable law, it will take any measure to immediately stop such use.
It is also recalled that each User contributes to the protection of his personal data by complying with good practices in the use of computer tools (for example by not retransmitting his password).
Personal data are stored either in the Marinescence databases or in those of its service providers. In some cases, mainly for technical reasons, these databases may be stored on servers located outside the country (including outside the European Union) from which data has been entered.
In this case, Marinescence ensures in advance that recipients outside the European Union comply with the European requirements for the protection of personal data.
In accordance with the General Data Protection Regulation 2016/679 (“GDPR”), the User has the right to access, rectify, delete and oppose data processing concerning him, either from the Site or by mail to the postal address, 8 rue Rey 06220 Vallauris, or by email to manager@marinescence.com.
The person responsible for the processing of personal data is Mr Nicolas PELISSION (manager@marinescence.com).
The User has the option to lodge a complaint with the CNIL in case of difficulties encountered with the processing of his personal data, via the teleservice of complaint put on line on the site of the CNIL or by postal mail by writing to: CNIL – 3 Place Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07.
Article 6. ACCEPTANCE AND MODIFICATION OF THE TERMS OF USE
The acceptance of these Terms by the Users who register on the Site is indicated by a check box in the registration form.
Marinescence reserves the right to modify these Terms at any time. The User will be informed of these changes by any useful means and will be invited to accept the new Terms. The date of update of the Terms is indicated at the top of the page.
If the User accesses or use the Site as a professional, he declares that he has the necessary rights, permits and authority in order to accept these Terms of Use on behalf of the corporation, association, partnership or other entity for which he uses or accesses the Site and / or register as detailed when accessing the Service. In this case, the User access to or use of the Site imply acceptance of the Terms without reservation, including Notices from this entity.
Marinescence may amend the Terms at any time. The date of entry into force of these Terms is mentioned in the header. Marinescence recommends that the User checks these Terms regularly. The User therefore acknowledge and agree that his use of or access to the Site and its Services, after the date of amendment, implies his full acceptance of the amended Terms.
Article 7. APPLICABLE LAW AND COMPETENT JURISDICTION
These Terms and any dispute relating to the Site and its Content are subject to French law and will be the exclusive jurisdiction of the French courts.
Article 8. TERMS LANGUAGE
Only the French version of these Terms governs the User’s relationship with Marinescence. Any other version of these Terms cannot prevail. In case of contradiction between the English version or French version of these Terms, only the French language version prevails.
Article 9. LEGAL INFORMATION
The Site is published by Marinescence, a French Limited Liability Company, with a capital stock of EUR 500, whose registered office is at 8 rue Rey 06220 Vallauris, it is registered at the RCS of ANTIBES with number 497 484 279. The Managing Editor of the Site is Mr. Nicolas PELISSON.
Phone number : +33 4 92 90 24 64
Email address : manager@marinescence.com
The Site is hosted by OVH, 2 rue Kellermann 59100 Roubaix (RCS Lille Métropole 424 761 419 00045).