PREAMBLE : DEFINITIONS
Service: refers to one of the services described in article 2 below.
Website: refers to the website published by FICOBA and accessible at the following URL: www.ficoba.ch
The site is operated by the company FICOBA CONSULTANTS S.A., publisher of the site, whose data are mentioned below, and by the company FICOCONSEILS Sarl, limited liability company (société à responsabilité limitée) with capital of 20.000 CHF, registered with the Trade and companies register of Geneva under IDE-number CH-114.561.848, with VAT number CHE-114.561.848.
FICOBA: refers to the company FICOBA CONSULTANTS S.A., limited company (société anonyme) with a capital of CHF 50,000, headquartered in Switzerland, Geneva (1204), Boulevard Emile-Jaques-Dalcroze 5, registered in the trade and companies register of Geneva under IDE-number CHE-108.044.881, with VAT number CHE-108.044.881, company owned by the FIDUCIAL group in France and publisher of the website.
User : refers to any visitor having access to the website.
ARTICLE 1: SUBJECT - ACCEPTATION
The present General Conditions of Use (hereafter referred to as 'GCU') are intended to determine the conditions for the use of the website and of the services put at the user's disposal.
By accessing this website, the information it contains and the services offered, the User acknowledges that (s)he has taken note of the present GCU and agrees to be bound by these terms.
Modification of the GCU – FICOBA reserves the right to modify these GCU at any time. Consequently, the User commits to regularly consult them.
ARTICLE 2: SERVICES PROVIDED
The website allows:
- to present the activities of the companies FICOBA CONSULTANTS S.A. and FICOCONSEILS Sarl to the Users,
- applicants to send an unsolicited job application by means of an on-line form,
- companies to contact FICOBA CONSULTANTS S.A. and FICOCONSEILS Sarl for their recruiting projects.
- any User to ask questions to one of these two companies, by using the contact form.
To benefit from the services, the User must go to the website.
The User binds himself/herself to fill in the online form and / or the job application in good faith, by providing accurate information.
The User binds himself/herself to not perpetuate identity deception, nor to use a false identity in order to mislead third parties.
The information provided by the User is necessary for the consideration of the User's contact request or his application for a job. If the User chooses not to give the information, FICOBA won't be able to take his/her contact request into consideration or to register his/her job application.
The User who submitted an unsolicited application or who completed the contact form in order to either entrust FICOBA with a mission or to ask questions, has a possibility of changing his/her contact information at any time, in accordance with the procedure mentioned in article 5.4.
By going to the website, the User can access the following services:
- acquire information about the services offered by FICOBA CONSULTANTS SA and FICO CONSEILS Sarl,
- submit a job application,
- submit a recruitment project,
- Ask a question.
ARTICLE 3: LIABILITIES AND WARRANTIES
Responsibility for the delivery of services and accessibility to the website
By no means, FICOBA and FIDUCIAL Staffing can be held responsible for any damage caused during the use of the website. FICOBA and FIDUCIAL Staffing shall not be held responsible:
- for the speed of access to the website, the speed of opening and consulting the pages of the website, external slowdowns, the suspension or inaccessibility of the website,
- for facts due to force majeure or to acts of third parties, as defined by the jurisprudence and, in particular, for the facts mentioned hereafter, failures and technical problems related to the hardware, the programmes, the software, the Internet network which can - as the case may be - lead to the suspension or termination of the services,
- if it appears that the service offered by the website is not compatible with or shows dysfunctions with particular software, configurations, operating systems or equipment the User uses,
- for interruptions of the services related to the risks of the Internet network and/or maintenance operations.
The User is solely responsible for the use of the website.
FICOBA et FIDUCIAL Staffing se réservent le droit, sans préavis ni indemnité, d'arrêter temporairement ou définitivement un Service ou l'ensemble des Services proposés à partir du Site sans que leur responsabilité ne puisse être engagée de ce fait.
Liability for the information published on the website
The contents published on the website are provided for information purposes only and are subject to possible modifications without prior notice. By no means, the information published on the website constitutes legal advice or any commitment by FICOBA. FICOBA shall not be held liable for the direct or indirect consequences of the use of the information and, in general, of the services put at the User's disposal on the website.
The User is being reminded of the fact that it is forbidden to publish or transfer via the website any element that is unlawful, prejudicial, defamatory, pornographic, hateful, racist or otherwise violating human dignity.
Furthermore, FICOBA reserves the right to take all necessary measures in order to have its rights respected.
ARTICLE 4: INTELLECTUAL PROPERTY
The website, its contents and all of its elements, including the brands and logos, are protected by intellectual property rights which FICOBA owns or is entitled to use.
The reproduction or representation of elements of the website is allowed only for strictly private use, subject to deviating or more restrictive provisions included in the Swiss intellectual property law.
Any reproduction, representation, modification, adaptation, translation or extract - in any way and on any medium whatsoever - of the whole or a part of the website and/or of the elements belonging to it, without having obtained FICOBA 's prior written consent, is liable to constitute a counterfeit and is strictly prohibited.
The use of the website and of its parts shall only be allowed for information purposes and for personal and private use.
Any reproduction, imitation, use or affixing of any of the brands represented on the website, without having obtained FICOBA 's prior written consent, is liable to constitute a counterfeit and is strictly prohibited.
FICOBA and/or the holder of intellectual property rights on one of the elements of the website, reserve(s) the right to take legal action against anyone not respecting the abovementioned prohibitions.
It is strictly prohibited to create hyperlinks, deep or not, to the website without FICOBA's prior written consent.
ARTICLE 5: PERSONAL DATA
By completing the form to submit an unsolicited job application or by completing the contact form, the User accepts the use of his/her personal data in accordance with the present provisions.
5.1 Entity responsible for the processing
FICOBA is responsible for the processing of the User's personal data, collected through the different forms put at the User’s disposal.
5.2 Purposes of the processing
The data collected are required so that we can contact the User and provide our services.
Consequently, the User's personal data can be used in order to:
- provide him/her with all services put at his/her disposal,
- contact the User who submitted an application or a recruiting request,
- draw up anonymous statistics about the use of the website,
- assess and improve the quality of our services.
5.3 Data communication
FICOBA first reminds that it collects and communicates personal data of Users in strictest observance of its confidentiality policy.
The User's personal data are likely to be communicated to all technical service providers and/or all companies of the FIDUCIAL group in order to allow their storage and registration and, in general, to guarantee the proper functioning of our services on the website.
The User agrees that the collection of personal data is required to process the User’s request correctly, and he accepts this.
The User who submits an unsolicited job application on the website by completing the form, accepts that FICOBA communicates his personal data to any entity that is likely to be interested by the application. The User who submits an application, also permits FICOBA to contact his former employers that the User expressly allowed to answer questions.
5.4 The User's rights
The User has the right to access, improve and delete his data as well as to refuse their processing.
The User can exercise these rights at any time, by writing to the following address:
Direction Juridique – Gestion CNIL
38, rue Sergent Michel Berthet
69258 LYON cedex 09
The User can also send an e-mail to the following address: email@example.com
5.5 Retention of the User's data
If the User doesn't exercise the rights mentioned under article 5.4, FICOBA will retain the User's personal data as long as necessary in order to meet the purposes mentioned in article 5.2 above.
5.6 Protection of the User's data
FICOBA commits to guarantee the security of the User's personal data. FICOBA and FIDUCIAL Staffing have undertaken to use their best efforts to guarantee the protection of the User's personal data.
ARTICLE 6: COOKIES
Click here to consult FIDUCIAL's cookies policy.
ARTICLE 7: VARIOUS PROVISIONS
The present GCU have been drawn up in French and subsequently translated into English. However, only the GCU drawn up in French shall be deemed authentic and shall take precedence over the English version.
The present GCU are subject to Swiss law. In case of litigation arising from these GCU or from the use of the site, competence will be attributed to the courts of the judicial district of Geneva, Switzerland.