1.1 PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF USE
The purpose of these General Terms and Conditions of Use (hereinafter referred to as “the T&Cs“) is to define the conditions of use of the website accessible at http://www.tha-staffing.ae (hereinafter referred to as “the Website“) that THA (hereinafter referred to as “the Company“) makes available to any natural person who accesses the Website for strictly private use (hereinafter referred to as “Users“).
1.2 IDENTITY OF THE WEBSITE EDITOR
The Website is edited by the company: THA ( The Hostesse Agency), Irise Tower, Office 10C13, Barsha Heights, Dubai PO: 116516
1.3 EDITING COMPANY
THA, Irise Tower, Office 10C13, Barsha Heights, Dubai PO: 116516
1.4 CONTACT THE COMPANY
The User has the possibility to contact the Company:
• by post to the following address: THA, Irise Tower, Office 10C13, Barsha Heights, Dubai PO: 116516
• by telephone on +971 56 179 1882 every open days from 8:00 am to 6:00 pm.
1.5 WEBSITE HOST
AGENCE K2 – Paris
2.SCOPE OF APPLICATION
2.1 The purpose of the T&Cs is to define the conditions under which the User may consult the Website.
2.2 Access to or use of the Website implies the User’s unrestricted and unreserved acceptance of these T&Cs.
2.3 As the T&Cs may be subject to change, the applicable conditions are those in force and accessible on the Company’s Website on the date of access to the Website by the User.
3.ACCESS AND AVAILABILITY OF THE SITE
The Company makes available to Users of the Website information concerning its activities, products and services, as well as positions to be filled within the Company (hereinafter “the Content”).
The Company does its best to make its Website available 24 hours a day, 7 days a week, independently of Website maintenance operations.
The Company reserves the right to modify, interrupt, at any time, temporarily or permanently all or part of the Website without prior notice to Users and without right to compensation.
The Company is in no way responsible for the consequences that may result from this.
The information published by the Company and contained on the Website is non-contractual and provided for information purposes only, free of charge and without any obligation for the Company.
4.PERSONAL DATA – Data protection laws
The Company does not collect any personal data from the User, except those that the User has voluntarily sent, in particular in the “Join Us” or “Contact” sections of the Website, which offers the User the opportunity to contact THA teams or apply for job offers within THA, by creating an application online (“the Application”).
4.1 Nature of personal data – purpose of personal data and liability of its processing
In order to prepare their Application, the Candidate will be asked to provide the following information, without which their application cannot be processed:
• first and last name
• e-mail address
• curriculum vitae
• cover letter
In order to contact the THA teams, the user will be asked to provide the following information, without which their request cannot be processed:
• first and last name
• e-mail address
• phone number
The purpose of the User’s personal data, collected from them and processed by the Company, is to enable the Company to manage contact requests and applications for job offers within ICTS France and published on the Website.
In accordance with the “Data Protection Act”, you have the right to access, rectify and, for legitimate reasons, oppose any information concerning you. You may exercise this right by contacting: THA, Irise Tower, Office 10C13, Barsha Heights, Dubai PO: 116516
Only the Company’s employees involved in the recruitment and contact process, as well as any subcontractors to whom the Company may entrust the processing of certain applications, will have access to the Applications. They undertake to implement the necessary measures to ensure the confidentiality, integrity and security of personal data, which are collected and processed with the strictest confidentiality, in accordance with the provisions of law no. 78-17 of 6 January 1978 relating to data, files and freedom.
The User is fully aware that the Company cannot guarantee the follow-up given to applications for the job offers posted on the Website. The Company will take all necessary steps to inform the Candidate, within a reasonable time, of the action taken on his or her application.
Unless the Candidate expressly refuses, the Company will keep all the elements of the Application in its database for a maximum period of 2 (two) years in order to inform the Candidate of any future job opportunities likely to interest them.
When the Candidate’s curriculum vitae is deleted from the Company’s database, the Candidate will be informed by email.
4.2. CNIL Declaration
In accordance with the provisions of law no. 78-17 of 6 January 1978 relating to data, files and freedom, amended by law no. 2004-81 of 6 August 2004, the User is informed that the Company’s files are declared to the Commission Nationale de l’Informatique et des Libertés (CNIL).
4.3. Respect for Users’ rights
The User has a right of information and access, a right of rectification and deletion (update or correct their data), a right to limit the processing of personal data, a right to portability, a right of opposition, and a right to delete their personal data.
To exercise their rights, the User just has to send a simple letter, providing their surnames, first names, e-mail address and attaching a copy of their proof of identity to the Company, via the contact details referred to in Article 1.4 of the T&Cs or by e-mail to firstname.lastname@example.org
5.GUARANTEES – LIABILITY
5.1 USER WARRANTY
By accessing the Company’s Website, the User declares, guarantees and undertakes to:
• access and use the Website in good faith, in a reasonable manner, not contrary to the terms of the T&Cs and for strictly personal and non-profit purposes;
• not to use any devices or software other than those provided by the Company to i) affect or attempt to affect the proper functioning of the Website ii) or to extract, modify, consult, even in buffer or temporary memory, or for individual use, all or part of the Website;
• not to access and/or use the Website and/or the Content provided by the Company on the said Website for illegal purposes and/or with the aim of causing damage to the reputation and image of the Company or more generally to infringe the rights, in particular intellectual property rights, of the Company and/or third parties;
• not to market directly or indirectly the Content, and/or access to the Content, and/or access to the Website;
• not to reuse all or part of the Website and the Content it contains, in particular for commercial and/or collective purposes and/or for personal purposes in a form and/or media not authorised by the Company;
• not to exploit the Content provided by the Company or the data to which it may have access via such Content and/or the Website for direct or indirect commercial purposes and/or for personal use in a form and/or media not authorised by the Company;
• not to reproduce, represent all or part of the Website for private purposes beyond the legal exceptions provided for, in particular by the Intellectual Property Code, or with a view to direct or indirect marketing, in particular to third parties;
• not to limit access to and use of the Website and/or the Content;
• not to modify, including in buffer or temporary storage, any quotation or element of the Content of the Website;
• not to contravene the provisions of articles 323-1 to 323-7 of the Penal Code repressing so-called “hacking” practices.
5.2 LIMITATION OF LIABILITY
The User is solely responsible for his or her use of the Website and the Content accessed from the Website.
Under no circumstances may the Company be held liable in any proceedings brought against the User who is guilty of non-compliant use of the Website and/or the Content it provides.
The User acknowledges and accepts in this respect that he/she will be personally responsible for any claim or proceeding brought against the Company, due to the non-compliant use by him/her of the Content and/or the Website.
The Website may contain hypertext links to third party websites.
In this respect, given the evanescent nature of the content that may be disseminated there, the Company cannot be held liable in the event that the content of said third party websites contravenes the legal and/or regulatory provisions in force.
In any event, the Company cannot be held liable:
• in the event of unavailability of the Content for reasons such as failure of the public electricity network, failure of the cable telecommunications networks, loss of connectivity to the Internet network due to public or private operators, in particular the User, whose causes arise in particular from strikes, storms, earthquakes or any other cause with the characteristics of force majeure;
• in the event of use of the Content by a User under conditions not in accordance with the T&Cs;
• within the limits of the legislation in force, for any indirect damage, including in particular loss of profit, loss of data or any other loss of intangible property, even if the Company has been informed of the potential for such damage, which may occur (i) from the use or inability to use the Content (ii) following access to the said Content by an unauthorised User.
The Company shall not be held liable for any malfunction of any kind whatsoever relating to the User’s computer equipment or Internet access connection when accessing the Website and, more generally, the Content.
6.1 COPYRIGHT ON THE COMPANY’S WEBSITE
The Company is the owner or licensee of the intellectual property rights both of the general structure of the Website and its Content (texts, slogans, graphs, images, videos, photos and other content).
Consequently, in accordance with the provisions of the first book of the French Intellectual Property Code, any representation, reproduction, modification, denaturing and/or total or partial exploitation of the Website and/or its Content, by any process whatsoever and on any medium whatsoever, without the express and prior authorisation of the Company, is prohibited and constitutes acts of copyright infringement.
Similarly, any unauthorised use of the Website and/or its Content incurs the User’s criminal and civil liability on the grounds of copyright infringement.
6.2 DISTINCTIVE SIGNS
The brand names, logos, company names, abbreviations, commercial names, trade names, and/or domain names of the Company mentioned on the Website, allowing access to the Content made available by the Company, constitute distinctive signs that cannot be used without the express and prior authorisation of their owner.
Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes trademark infringement, pursuant to the provisions of book 7 of the French Intellectual Property Code, usurpation of a company name, trade name and domain name engaging the author’s civil liability in tort.
6.3 CONTENT OF SERVICES
The User acknowledges and accepts that access to the Website and the Content made available to it by the Company shall not entail any transfer or concession of intellectual property rights (in particular copyright) and other rights for the benefit of the User.
Access to the Content is exclusively limited to the User’s private and personal use under the conditions and within the limits defined in the T&Cs and in accordance with the provisions of Article L. 122-5 2° of the French Intellectual Property Code.
Thus, the User acknowledges and accepts that the private and personal use granted to him by the Company, with respect to Content access, excludes in particular access to the Content for collective use of its content, reproduction, representation, resale, exchange, rental, transfer to a third party, modification, adaptation, correction, whether it be free of charge or not, of all or part of the Website and Content.
6.4 HYPERTEXT LINKS
The Company cannot be held liable for hypertext links accessible on the Website, allowing access to the Content, to other websites and, in general, to any existing resources on the Internet.
The User may under no circumstances set up hypertext links to deep pages of the Website, allowing access to the Content, by any technical means intended to bypass the User’s login field or to extract all or part of the Content made available by the Company. The “framing” technique is prohibited, unless expressly authorised by the Company in advance.
At no time do these cookies allow the Company to personally identify the User. The storage period of these cookies on the User’s computer does not exceed one (1) month. However, the User is informed that he or she may oppose the recording of these cookies, in particular by configuring his or her Internet browser to do so.