The website admissionsdev.wpengine.com has been edited by the AD’Missions enterprise (called hereafter “ADM”), the wage portage company activity is subjected to the Order of 2 April 2015.
This website is edited by *AD’MISSIONS* FREELANCE Group, registered at the Nanterre RCS under a unique designation number 412 383 234. The headquarters are located at 1 Parvis de la Défense – 92000 Paris La Défense
- Phone number: +33 (0)1 80 48 70 00
- Siren number: 412 383 234
- President: Freelance.com
- Press contact: Anthony Bergès – [email protected]
AD’Missions – Freelance.com Group
1, parvis de la Défense
92000 Paris La Défense
- Phone number: +33 (0)1 80 48 70 00
- Fax number: +33 (0)1 80 48 70 01
Pursuant to Article 34 under the Act n°78-17 of January 6th 1978 related to personal data protection, you have the right to access, modify, rectify and delete any of your personal details we may hold. To exercise this right, you can send us a mail to the following address: Ad’Missions – 1, parvis de la Défense, 92000 Paris La Défense or email us at [email protected]
You can also be against your personal data processing for legitimate reasons. The admissions.fr website has been notified under the number 1482508 to the French data protection authority (CNIL) in accordance with the Act n°78-17 of January 6th 1978 related to personal data protection.
At all event, ADM commits to respect the remit of the law of Informatique et Libertés of January 6th 1978. It takes also into account the legislative and regulatory texts which modify the law particularly the Act n°2004-801 of August 6th 2004 and the European regulation of April 27th 2006 related to individual personal data protection (GDPR) and free data movement.
OBLIGATIONS OF THE DATA EXPORTER
The data exporter agrees and warrants:
- that the processing, including the transfer itself, of the personal data has been and will continue to be carried out in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the Member State where the data exporter is established) and does not violate the relevant provisions of that State
- that it has instructed and throughout the duration of the personal data-processing services will instruct the data importer to process the personal data transferred only on the data exporter’s behalf and in accordance with the applicable data protection law and the Clauses;
- that the data importer will provide sufficient guarantees in respect of the technical and organisational security measures specified in this contract;
- that after assessment of the requirements of the applicable data protection law, the security measures are appropriate to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing, and that these measures ensure a level of security appropriate to the risks presented by the processing and the nature of the data to be protected having regard to the state of the art and the cost of their implementation;
- that it will ensure compliance with the security measures;
- that, if the transfer involves special categories of data, the data subject has been informed or will be informed before, or as soon as possible after, the transfer that its data could be transmitted to a third country not providing adequate protection within the meaning of GRDP;
- to forward any notification received from the data importer or any sub-processor pursuant to these instructions, to the data protection supervisory authority if the data exporter decides to continue the transfer or to lift the suspension;
- to make available to the data subjects upon request a copy of the Clauses and a summary description of the security measures, as well as a copy of any contract for sub-processing services which has to be made in accordance with the Clauses, unless the Clauses or the contract contain commercial information, in which case it may remove such commercial information;
- that, in the event of sub-processing, the processing activity is carried out in accordance with Clause 11 by a sub-processor providing at least the same level of protection for the personal data and the rights of data subject as the data importer under the Clauses;
- that it will ensure compliance with these provisions
Obligations of the data importer
The data importer agrees and warrants:
- to process the personal data only on behalf of the data exporter and in compliance with its instructions and the Clauses; if it cannot provide such compliance for whatever reasons, it agrees to inform promptly the data exporter of its inability to comply, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
- that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the Clauses, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract;
- that it has implemented the technical and organisational security measures before processing the personal data transferred;
- that it will promptly notify the data exporter about:
– any legally binding request for disclosure of the personal data by a law enforcement authority unless otherwise prohibited, such as a prohibition under criminal law to preserve the confidentiality of a law enforcement investigation;
– any accidental or unauthorised access;
– any request received directly from the data subjects without responding to that request, unless it has been otherwise authorised to do so;
- to deal promptly and properly with all inquiries from the data exporter relating to its processing of the personal data subject to the transfer and to abide by the advice of the supervisory authority with regard to the processing of the data transferred;
- at the request of the data exporter to submit its data-processing facilities for audit of the processing activities covered by the Clauses which shall be carried out by the data exporter or an inspection body composed of independent members and in possession of the required professional qualifications bound by a duty of confidentiality, selected by the data exporter, where applicable, in agreement with the supervisory authority;
- to make available to the data subject upon request a copy of the Clauses, or any existing contract for sub-processing, unless the Clauses or contract contain commercial information, in which case it may remove such commercial information which shall be replaced by a summary description of the security measures in those cases where the data subject is unable to obtain a copy from the data exporter;
- that, in the event of sub-processing, it has previously informed the data exporter and obtained its prior written consent;
- that the processing services by the sub-processor will be carried out in accordance with the relevant provisions;
- to send promptly a copy of any sub-processor agreement it concludes under the Clauses to the data exporter.
Responsibility as part of the processing
Parties agree that any data subject who has suffered harm from a lack of obligations from one of the parties or a sub-processor, has the right to obtain redress for the damage from the data exporter.
- If the data subject is prevented from taking legal action against the data exporter for negligence from the data importer or the sub-processor with regard to the obligations from the clause 13 of the contract because the data exporter has materially vanished, ceased to exist in law or become impecunious, the data importer agrees to be the one against whom the data subject files a complaint about to be considered as the data exporter. Unless, all the obligations of the data exporter have been transferred by contract or by law to the following entity against which the data subject can assert one’s rights. The data importer cannot invoke a lack of obligation from the sub-processor to escape its own responsibilities.
- If the data subject is prevented from taking legal action against the data exporter or the data importer for negligence from the sub-processor with regard to its obligations because both the data exporter and the data importer have vanished, ceased to exist or become impecunious, the sub-processor agrees to be the one against whom the data subject files a complaint about regarding its own processing activities in accordance with the clauses as if it was the data exporter or data importer. Unless, all the obligations of both of them have been transferred by contract or by law to the legal replacement against whom the data subject can assert one’s rights. The sub-processor’s responsibility must be restricted to its own processing activities in accordance with the clauses.
- Parties agree on that if one of them is held accountable for an offense committed by the other party, if the latter is accountable then the first party will compensate all costs, charges, damages, expenses or losses incurred. The compensation is subjected to:
a) If the data exporter communicates with the data importer about the complaint as soon as possible; and
b) If the data importer has the opportunity to cooperate with the data exporter on the defence side and to settle the complaint.
At all events, parties agree on:
- Developing technical and organizational measures about security and privacy which are appropriate and adapted to the risks in order for the processing to meet GRPD requirements and warrant the protection of data subjects;
- Preventing you from choosing a sub-processor without our preliminary written approval and keeping us informed about the addition or replacement of sub-processors. You must impose to your own sub-processors’ contracts in which data protection clauses are in accordance with GRPD which can fulfil your obligations toward us;
- Ensuring that people allowed to process personal data warrant privacy;
- Helping us to respect our own obligations (in particular for security matters, impact analysis or the rights of the data subjects);
- Keeping available all the necessary information to attest GRPD compliance and to allow audits; collaborate with potential audits and the CNIL;
- Deleting, returning or destroying the personal data given to you with regard to our wishes;
- Keeping us informed immediately if, according to you, the directions given to you regarding personal data are violating GRPD rules;
- Keeping a record of all the categories of processing activities performed for us (except GRPD predicted exemptions);
- Informing us immediately if any data violation occurred, at all events in a maximum of 24 hours after being aware of it;
- Naming a data protection delegate (except GRPD predicted exemptions).
Cooperation with the control authorities
- The data exporter agrees to give a copy of the contract to the control authorities if it is required or if the submission is intended by the applicable law of the data protection.
- Parties agree that control authorities have the right to audit the data importer and all the sub-processors in the same measure and conditions the data exporter is audited in accordance with the applicable law of the data protection.
- The data importer needs to inform the data exporter of any legislation about oneself or the sub-processors obstructing the verifications to be applied to both parties in accordance with the relevant provisions at the earliest possible time. In this case, the data exporter has the right to take actions anticipated.
© 1997-2019 – All rights reserved. It is forbidden to publish, reproduce or rebroadcast in any way all or a part of the website admissionsdev.wpengine.com content without the express permission of the company.
1 – Accessible information and PLATFORM services
ADM undertakes to do its utmost to provide accessibility to its PLATFORM at all time for every user. Nevertheless, ADM can at all time, without notice or responsibility, modify or temporarily or definitively interrupt the access to the entire or a part of the PLATFORM.
ADM endeavours to provide reliable information but it does not undertake that its PLATFORM is free from inaccuracy, omissions, viruses or any other mistakes which do not meet the expectations of the users or fortuitously cause harm to the right of a third party.
All information being on the PLATFORM are provided “as it is” without any express or tacit guarantee. Those pieces of information are available to the users on an indicative basis only: there are no commercial offers, licences, advice or characteristics of any kind of professional relationship between ADM and the USERS.
Financial data, eventually mentioned on the PLATFORM (in particular but not exclusively, the salary simulations, rates charged and estimated wages) are neither express nor tacit commitment from ADM and do not involve in any ways direct or indirect responsibility of ADM.
Besides, those pieces of information cannot be considered as a guarantee of any kind and ADM excludes any guarantee regarding them including any implicit guarantee of quality, adaptation to a private use or absence of copy.
The PLATFORM is hosted by SAS OVH, 2 rue Kellerman, 59100 Roubaix.
A contact form to be filled in by the USER is available on the PLATFORM permitting to answer all requests (information requests or salary simulation request). The user has to fill in, before any request, the following:
- Last name
- First name
- Phone number
- Your request (information requests or salary simulation request)
- Your “region”
The provisions governing the terms and conditions of use cannot contradict in any way, the provisions of the wage portage employment contract signed by the ADM employee. In case of potential objections, the provisions will prevail over without reservation.
1.2 The PLATFORM services
The USER is able to:
- seek for assignments by the strict rules of the legal provisions governing the wage portage, regarding in particular market researches and direct client negotiations;
- directly and freely negotiate online the assignment offers;
- get access to a communication space with the ordering person(s) or other user(s), where the user can exchange files before agreeing on the main terms of the contract;
- directly exchange with his or her client during the assignment;
Assignments or services offering come from the ordering persons and are selected before being published on the PLATFORM. However, ADM is not responsible, at all events, of any potential incompatibility or any prejudicial consequences of any kind following those publications.
The USER undertakes, to this end, to strictly respect the rules governing the wage portage and expressly declares that any kind of initiative regarding the client or his or her choices or decisions, therefore, fall under his or her own initiative and free choice.
The USER prospecting a client and negotiating the main terms of the contract of services in wage portage, can, then, simulate his or her resulting salary. The salary simulation cannot engage the responsibility of ADM in any way. The simulation is made for information purposes, only the contract of services and the employment contract in wage portage could engage the responsibility of the parties within the terms of the legal provisions governing the wage portage.
To this end, ADM is not subjected to the obligation to close the contract of services or employment contract in wage portage. ADM reserves the right to refuse to close the aforementioned contracts without giving reasons for the decision.
The USER can subscribe to the events organised by ADM such as information meetings about wage portage, thematic workshops and other events publish on the PLATFORM, within the conditions mentioned on the PLATFORM.
It is perfectly understood that the USER remains totally free of his or her choices in terms of consulting, prospecting and negotiating or not the offers.
2- Collection of information – Personal data
ADM may collect personal data. The data collected will be processed with regards to the applicable law and will only be meant for ADM internal use and won’t be transferred or disclosed to a third party unless preliminary agreement from the user involved or demanded request by law or any legal authority.
The PARTIES commits to respect the provisions of the law of Informatique et Libertés of January 6th 1978, modified by the act n°2004-801 of August 6th 2004 and any future regulations governing.
In accordance with the law of January 6th 1978 modified relating to personal data protection as part of acquiring personal data relating to the USERS, the PARTIES commit to take useful precautions in order to keep safe those pieces of information and particularly preventing them from being distorted, damaged or spread to unauthorised people.
The USER gives his or her agreement to ADM for the data transmission to ADM partners.
In accordance with the law of Informatique et Libertés of January 6th 1978, you have to right to access, rectify, modify and delete your personal data. You can exercise this right, by mail to ADM PAROI Nord de la Grande Arche – 92044 Paris La Défense Cedex or by email to [email protected] The PLATFORM ADM is not free of cookies.
3 – Hyperlinks – Cookies
ADM has no control over contents of third parties’ websites which are completely independents. In this way, ADM can never be accountable for content or products and services offered by third parties’ websites or existing virus or rights’ violation of a third party.
It is forbidden that any USER creates links to the PLATFORM admissionsdev.wpengine.com without preliminary agreement from ADM.
The USER can turn down the cookies by setting up his or her system (terms and conditions on the website www.cnil.fr ) but it is well-considered not to do it, it may prevent access to some pages of the PLATFORM.
ADM will set up cookies on the users’ computer station in order to permit an optimum browsing on the PLATFORM and proper functioning of the different interfaces and applications.
Cookies help to store information about the PLATFORM’s browsing (date, page, time) and users’ data inputs while connected (researches, login, emailing, password).
ADM offers to all users to participate to a free chat. By publishing an input, the USER acknowledges that it can be published on the PLATFORM under his or her responsibility.
The USER’s input shall not:
- Harm or be in conflict with the public order, customs or hurt underage’s sensitivity;
- Harm in any way the right to a reputation, a private life, a third-party image;
- Be disparaging, defamatory, be prejudicial to the image, to a brand or any natural/legal person ‘s reputation in any kind of way;
- Provide pornographic or paedophile contents;
- Harm the safety or integrity of any State or territory;
- Allow third parties to get pirated software, series numbers of software or any software potentially able to harm in any ways the rights or possessions of a third-party;
- Harm the intellectual property of anyone;
- Incite hatred, violence, suicide, racism, anti-Semitism, xenophobia, homophobia or advocate war crimes or crimes against humanity;
- Encourage anyone to commit a crime, an offense or a terrorist act;
- Encourage the discrimination of someone or a group of people because of their affiliations to an ethnic group, a religion, a race or because of their sexual orientation or disability;
- Advise anybody to dubious or fraudulent practices;
- Include hyperlinks or advertise or promote a company, a brand, a website, a blog or a forum.
4 – Intellectual Property
The access to the PLATFORM gives to the user a private and nonexclusive right of use. All the elements edited on the ADM PLATFORM, in particular but not exclusively, logos, texts, brands are the exclusive property of ADM and are protected by the intellectual property rights. Then, the user can only use the elements of the PLATFORM for his or her personal usage and non-commercial use. Any other use, reproduction, transmission, distribution, modification is forbidden without a written and preliminary approval from ADM.
5 – USERS warning
ADM has no obligations to control the information the USERS can disclose on the ADM PLATFORM and in particular the comments about articles and exchanges on the forum. In this way, the USER warrants that any information, comment or content which the USER can send to ADM or disclose on the PLATFORM (in particular the comments) do not harm any of the intellectual property rights, violate any applicable law or damage the image (in any ways), the integrity or any other rights of a third party.
ADM do not take any contractual or criminal responsibility for any successive damage of information given by USERS on the PLATFORM. ADM can at all time, modify, delete or use the information, comments, contents disclosed on the PLATFORM for its own ends.
6 – Responsibility
ADM can by no means be accountable for any direct or indirect successive or not successive damage, incident or accessory resulting from the PLATFORM use or other website which are linked to it, in particular but not exclusively, any financial or commercial harm, loss of opportunity or data, material harm even though ADM was aware of the potential harm.
Likewise, ADM cannot be accountable for any harm of any kind resulting from any inability of use, benefits coming from the use or coming from documents, software and information availability on the PLATFORM, of any information or disclosed content in comments, or any damage resulting from fraudulent intrusion from a third party leading to an alteration of the information provided on the PLATFORM.
At all event, ADM accountability for any direct proven damage cannot exceed an amount of 1500 (one thousand and five hundred) euros.
7 – USER RESPONSIBLITY AND GUARANTEES
In case of use of the ADM PLATFORM, the user acknowledges the internet characteristics and limits in terms of technical execution, response time to visit, question or transfer data and the risks linked to communication safety.
The USER acknowledges to have verified the computer configuration being used is virus free and is in perfect working condition. The USER does not have the right to use ADM to make it inaccessible, to hinder its working, to modify it or to damage it in any kind of way.
The USER does not have the right to use ADM for illicit and fraudulent purposes or in relation with illegal activity, in particular : (i) to send, use, import or export files, illicit contents or words, offensive, indecent, insulting, defamatory, obscene, threatening words menacing the intellectual property rights, the personality rights or the image of third parties, (ii) to send or use computer viruses, political opinions, advertising, email chains, (iii) mass mailing unsolicited contents or emails and more generally any type of spamming, (iv) to annoy, threaten or jeopardise in any way ADM USERS, (v) to use, make available or download fake documents.
Furthermore, the USER expressly undertakes to use the data relative to the PLATFORM for usage purposes only. The USER undertakes to use any document or information which has been extracted from the PLATFORM, if necessary, in accordance with the laws and regulation and will take responsibility for this usage.
The USER commits to refrain from doing any interference into ADM activity. In this respect, ADM does not have any contractual relationship with the USER except from the employment contract in wage portage agreed with the latter. In this regard, it is recalled that ADM intervenes as a third party in the relation or potential commitments which ADM USERS could conclude amongst themselves and as such ADM does not play any intermediation role between them unless explicit agreement from it.
The USER commits not to lay employees off, to make directly or indirectly lay employees off from ADM or a group it belongs to. This obligation will remain for twenty-four (24) months after the end of this relevant contract for any kind of reason. The USER commits not to contravene the ethical rules as part of his or her involvement into events potentially organised by ADM or while using the PLATFORM and insure ADM against any offence which it could be accountable for the other USER from ADM PLATFORM.
The USER is able to create his or her personal space on the ADM PLATFORM allowing exchanges with other ADM USERS. The USER commits to exchange with other USERS strictly in accordance with the legal and required provisions as part of his or her relations. In this respect, ADM is utterly a third party into these exchanges and cannot be accountable for anything as part of these relationships and/or potential consequences as much for the contents as the reciprocal commitments which could be concluded between USERS.
The USER commits not to disclose the information collected in between USERS during event potentially organised by ADM liable to take on full accountability.
The USER expressly undertakes not to make use of data, in particular personal data of other ADM PLATFORM USERS collected on the PLATFORM or exchanged during meetings organised by ADM on his/her own behalf or third-party behalf for any purposes.
ADM SUSPENSION OR RESTRICTION
ADM can either suspend or limit the access to the ADM PLATFORM for legitimate reasons, particularly in case of violation from the USER of the relevant contract and/or order or in case of unpredictable event.
ADM is subjected to a general obligation as part of the fulfilment of the relevant contract and order (or peculiar conditions). In this respect, ADM responsibility cannot be involved in none or poor fulfilment of all or a part of the planned services mentioned in the contract or any other obligation regardless the cause without the proofs provided by the subscriber for an accountable fault to ADM, a damage and causal link. At all events, ADM responsibility is strictly limited to the amount of the order in question.
8 – ETHICAL RULES
These rules of conduct are built on the national and community laws governing business ethics and trustworthy relationships are based on fairness and general interest of purchasing occupation particularly in the competitive sector.
Every user needs to unite his/her ethical and responsible conduct with the ability to give technical and educated opinions likely to serve the interest of all USERS as much as the goal and spirit of ADM whose vocation is to strictly served the general interest of the purchasing occupation. For all the above reasons, the user will fulfil his/her responsibilities with regards to ADM and other USERS.
It is required for the USER to serve the interest of all USERS and not violate in any kind of way USERS’ interest and/or ADM’s or any standard at least required by law, regulations or some texts coming from the wage portage profession.
At all events, the USER must act in accordance with the national, European and professional norms governing the matter. If the USER violates a norm, he or she will accept the consequences and will face the obligation to prove the merits of his/her action and will compensate ADM for any damage resulting from this action.
The USER abstains from breaking any norms governing essentially dishonest competition, illicit national, European or international agreement prohibition.
The PLATFORM subscription required the creation of a personal space. The personal space creation allows the USER to access the ADM PLATFORM and interact with other USERS directly from it. In order to create a personal space, the USER needs to fill in a form with his or her personal details and provide ADM with legal documents such as ID cards, social security card … The PLATFORM access will only be granted after the express validation of the documents by ADM.
If the USER refuses to provide for these pieces of information and/or documents, he or she won’t be able to create a personal space and then get access to ADM. While creating the personal space, the USER will have to choose a password. This password is the guarantee of confidentiality of all the information contained in the personal space. The USER abstains from disclosing it to a third party. ADM won’t be accountable to any non-authorized access to the personal space of an internet user.
Pages related to personal spaces are freely printable by any account owner but will not be an admissible proof in court, by no means. These pages are for information purposes only to insure an efficient management of the personal space by the USER.
ADM undertakes to keep safe all the contractual elements required by the law or regulations applicable.
ADM reserves the right to delete the account of any USER who contravenes the relevant General Conditions of Use, particularly when the USER provides false pieces of information while subscribing as well as if the personal space of a USER has been inactive for at least a year. The aforesaid deletion will not be liable to be a transgression from ADM or a damage for the USER being excluded who will not be able to claim damages by no means.
This exclusion does not cause damage to ADM in case of judicial proceedings against the user if need be.
10 – EVIDENCE
The “acceptance click” stands for a digital signature and is worth the acceptance of the Terms and Conditions.
In addition, it is expressly stated that the archived data and online data saved in ADM information system particularly saved into instant messaging tools are a conclusive force for the document sent, orders and the execution of the parties’ obligations.
The data saved on IT or electronic support by ADM put evidences together. If they are used as evidences by ADM in any contentious or other procedures, they are admissible, valid and opposable in between parties in the same way, same conditions and with the same conclusive force as any document could be accepted, received or kept in writing.
11 – MISCELLANEOUS
If ADM does not invoke one of the provisions of the Terms and Conditions at one point or another, it cannot be taken as a renunciation from ADM to invoke them later on.
In the event that one of provisions of the Terms and Conditions would be rendered null or void, it would be considered non written without affecting the validation of the other provisions unless the provision rendered null or void is essential and decisive.
12 – APPLICABLE LAW