Terms and conditions of use

Impress – Terms and Conditions – Candidates

Last modified: 01/19/2024

Impress ( Impress “, ” we “, ” our “or ” our “) owns and operates the Impress mobile application, which can be downloaded from the Google Play Store and Apple AppStore (” Application “).

We kindly ask you to carefully read these general terms and conditions of use (“Terms and Conditions”). CGU “): they constitute contractual provisions that bind you, as a user of our services (” User(s) “, ” you “, ” your “, ” your “) to us.
Use of the Application and Services is subject to validation of the T&Cs in force at the time of your registration.

Terms of use

Publisher The Impress Application is published by Impress, a simplified joint stock company.
It is registered with the Strasbourg Trade and Companies Registry under number 953 902 160 and has its registered office at 204 Avenue de Colmar, 67100 Strasbourg.
Publishing Director Guillaume de Malzac de Sengla.
Hosting : the Application is hosted by : OVH SAS with capital of €10,174,560 RCS Lille Métropole 424 761 419 00045 Registered office: 2 rue Kellermann – 59100 Roubaix – France

About Impress

Impress has developed an innovative SaaS (Software-as-a-Service) service providing access to a digital platform that puts Users, as candidates, in contact with recruiters (” Recruiters “) to make the recruitment process dynamic and interactive (” Services “).

As part of the continuous improvement of our Services, we may modify our range of services, in particular in order to offer additional functionalities in the Application.
Where applicable, Services may be subject to subscription or any other form of payment. . Additional features for the Services may be implemented by Impress for testing prior to final integration into the Services (the “Beta Features”). Beta Version Features “).
Beta Version Features will be clearly indicated as such on the Application and may present anomalies and offer only a limited version of the functionality of the Services.
Impress does not guarantee to maintain or provide any level of service to Users in respect of Beta Version Features.

Registration and access to the Application

The GCU are deemed to have been concluded between the User and Impress as from the completion of the registration procedure and until terminated by either party under the conditions set out in the GCU.Registration for the Application is not compulsory, but is nevertheless necessary to access all Services.The equipment (computer, software, telecommunications equipment, etc.) required to access the Services remains the responsibility of the User, as do any communications charges incurred by its use.The creation of a candidate user account (” account “Registration is free of charge and reserved for any natural person aged 18 or over and legally capable, and is subject to acceptance of the GCU.
Only one Account may be created per e-mail address.
You represent and warrant that
(i) you are at least eighteen (18) years old and have the legal capacity to subscribe to the GCU,
(ii) performance of the TOS does not violate any agreement to which you are a party, and
(iii) you will update and correct the information you have submitted to the Services and ensure that it is accurate.

The User undertakes to provide only accurate and truthful personal information and data.
In particular, the User undertakes not to usurp the identity of others and to inform Impress without delay of any changes to the information and personal data provided at the time of registration and, where applicable, to make such changes himself/herself in the Account management area provided on the Application.
Once registration has been completed, a validation e-mail will be sent to the e-mail address provided by the User to finalize the creation of the Account.

When creating his or her Account, the User must choose a user name (consisting of the full name) and password that are unique to him or her (together, the ” Identifiers “).
Identifiers must be sufficiently secure.
It is the User’s responsibility to keep his Identifiers confidential: the User is solely responsible for the use of his Account and Identifiers.
Any use of the Services, connection or transmission of data carried out via the User’s Account using the User’s Identifiers will be presumed to have been carried out by the User and under the User’s sole responsibility, unless the User gives Impress written notice of any such use, connection or transmission, stating the reasons therefor.

Impress shall not be held liable for the loss of Identifiers and, in the absence of prior and duly notified opposition in writing to Impress, for the harmful consequences for the User resulting from the use of his/her Account by an unauthorized person.

Impress has no control over the truthfulness of the declarative information transmitted by Users for the creation of their Account and cannot be held responsible for any false declarations made by Users.

If a User forgets his or her password, he or she may request that it be reset, the procedure for which will be detailed in an e-mail sent to his or her contact address.

You can cancel your account by contacting us by e-mail at: contact@impress-app.com

Rights of Use of Services

We grant you a non-exclusive, non-transferable, limited, personal and revocable right to access the Services, as available on the Application, subject to your compliance with the TOU.

Rules for using the Services

When you use the Services, you agree to comply with any rules of use that we may communicate to you, with the TOS and with applicable law.

Impress acts as host to the content published by Users and made accessible through the Services and is under no general obligation to monitor the information created, transmitted and/or stored by Users when using the Services.
In particular, Impress may not be held liable for the nature and content of questions asked by Recruiters or Contributed Elements sent by Users, except in cases provided for by applicable law.

In this respect, the moderation of questions asked, answers given, opinions and comments rests with the Users or Recruiters, respectively editors of the content for which they are responsible.
Nevertheless, any User may alert Impress to the presence of illicit content on the Services of which he or she is aware.

Impress does not condone the use of the Application and Services for any illegal activity, and is not responsible for your use of the Application or Services in violation of applicable law.

Each User undertakes to comply with the provisions of the applicable law in force and in particular, without limitation, the regulations relating to the protection of personal data and privacy, intellectual property rights and freedom of the press.
Impress reserves the right to promptly remove any content that is proven or suspected to be unlawful or in breach of the GCU (hereinafter referred to as “Content”). Prohibited Content “).
Impress may not be held liable as a result of such removal.
Prohibited Content includes, but is not limited to:

comments that are harmful, threatening, abusive, harassing, vulgar, obscene, threatening to the privacy of others, hateful, racist, anti-Semitic, xenophobic, revisionist, negationist, abusive, defamatory, glorifying war crimes and crimes against humanity, derogatory, invasive of another’s privacy or otherwise objectionable;

personal injury, in particular by distributing photographic or video montages;

dissemination of violent and/or pornographic content, including but not limited to representations of a minor or a person having the physical appearance of a minor;

provocation to suicide or incitement to commit an offence ;

dissemination of false news, false rumors, unauthorized polls and voting simulations or any message that mentions or incites cruelty to animals;

undermining the authority of justice, trials or the presumption of innocence ;

transmission of any message whose content the User is not authorized to disseminate, including, but not limited to, internal, privileged or confidential information or information whose dissemination would violate the rights of third parties, in particular intellectual property rights or image rights;

transmission of promotional messages not authorized by the GCU, and in particular commercial influence by electronic means;

transmission of any message containing computer viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software, computer, computer system or telecommunications tool;

comments likely to damage the public and family image of the Services;

comments likely to harm Impress or its directors, employees, suppliers, customers, shareholders and/or partners, or its reputation or that of its directors, employees, suppliers, which would be contrary to applicable law, infringe public order and morality or the rights of third parties;

comments whose purpose is to offer commercial services, without the prior consent of Impress ;

comments whose purpose is to offer gambling and to engage in soliciting and/or prostitution.

You indemnify Impress against any and all consequences resulting from Prohibited Continues that you have made available through the Services.

Declaration of unlawful content

Any User of the site who has knowledge of Prohibited Content, proven or suspected, in the context of the use of the Services, is invited to declare it without delay, in compliance with the provisions of Article 6 of the Law for Confidence in the Digital Economy, by using the form made available to them in the Contact section, indicating :

For individuals surname, first name, profession, place of residence, nationality, date and place of birth;

For legal entities For legal entities: form, name, registered office and legal representative;

a description of the facts in dispute and their precise location ;

the reasons why the content must be removed, including legal provisions and factual justifications;

a copy of any correspondence sent to the author or publisher of the disputed information or activities requesting their interruption, withdrawal or modification, or a justification that the author or publisher could not be contacted.

It is reminded that the fact of presenting a content or an activity as being a Prohibited Content with the aim of obtaining its withdrawal or to stop its diffusion by knowing this inaccurate information is punished by one year of imprisonment and 150.000 euros of fine.

Restrictions

You are not authorized to :

distribute, sell, assign, transfer, lease, lend, sublicense, modify, transmit or otherwise exploit the Application or Services;
copy, reproduce, adapt, create derivative works from, translate, localize, port or otherwise modify all or part of the Application or Services;
extract any content or data from the Application or Services and the databases they contain;
delete or modify any mention of intellectual property rights contained in the Application or Services;
decompile, disassemble, reverse-engineer or decrypt all or part of the Application or Services, except where strictly permitted by applicable law;
circumvent in any way whatsoever any technical protection measures associated with the Application or Services.

Privacy Policy

We process your Personal Data in accordance with our Privacy Policy, which is available at the following link.

Intellectual Property

With the exception of the Contributing Elements (as defined below) and your Personal Data, all rights, titles and interests relating to the Application and the Services, as well as to their contents, including without limitation all graphic, visual, sound, photographic and textual elements, the architecture of the Site and the databases constituting it (the “Impress Contents”) are the exclusive property of Impress or of their respective owners.
Except under the strict conditions provided for by applicable law, you are prohibited from modifying, copying or reproducing all or part of the Impress Content without our prior written authorization.

The Impress brand and logo, as well as the company names and related distinctive signs, are the exclusive property of Impress.
The reproduction or representation of all or part of these signs is strictly prohibited and requires the prior written authorization of Impress.

Failure to comply with this Article may result in legal action and the civil and criminal liability of its author.

Contributing elements

The Services may offer you the opportunity to submit content, for example through our “Contact Us” feature or videos that Users wish to send to Recruiters (“Contributed Elements”). Contributed Elements “).
The User grants Impress a non-exclusive, transferable, worldwide and free license to reproduce and distribute the Contributed Elements to any third party, in particular Recruiters and other Users, for the purposes of the Services and for the duration of the validity of these TOS.

If you provide any enhancements or suggestions relating to the Application or Services, you agree that, notwithstanding any other provision of the TOU, Impress shall have no obligation to review such enhancements or suggestions or to keep them confidential.
Impress shall be free to use such improvements or suggestions on an unrestricted basis without any obligation of acknowledgment or financial consideration to you.

Information Security

Impress and its hosting service providers implement systems, applications and procedures to secure your information in order to minimize the risk of theft, damage, loss of information or unauthorized access or use of information.
These measures provide a high level of security for the Application, in line with industry standards.
However, while we take every precaution to protect the information in our possession, we cannot guarantee the absence of malfunction, interruption, illegal access, or other types of abuse and misuse of our systems.

Liability

Each User guarantees Impress against any sentence that may be pronounced against it as a result of the User’s failure to fulfil its obligations under the GTU.

Impress may only be held liable in the event of a fault on its part which has been definitively established by the competent courts and which has become res judicata.

Impress makes every effort to ensure that the information it publishes on the Services is accurate and up-to-date, and reserves the right to correct the content at any time and without notice.
However, Impress cannot guarantee the accuracy, completeness, truthfulness or absence of modification by a third party.
Furthermore, Impress declines all responsibility in the event of errors or omissions concerning the content of the Application and the use that may be made of it by Users or third parties.

The Services may include links to other Internet sites or external sources.
Insofar as Impress cannot control these external sites and sources, Impress cannot be held responsible for the availability of these external sites and sources, and cannot be held responsible for the content, advertising, products, services or any other material available on or from these external sites or sources.

The User is hereby informed that Impress may be required to disclose any Content in order to comply with applicable laws or if, in good faith, Impress believes that such action is necessary, including, without limitation, in connection with legal proceedings, to enforce the TOS, to respond to complaints and/or claims alleging infringement of third party rights, to protect its rights or interests, or those of Users, Recruiters, or the public.

The Services are provided “as is”.
Impress cannot be held responsible for any damage to the User’s software or for any piracy to which the User may fall victim as a result of using the Services and which is not directly attributable to a fault on the part of Impress.

Impress does not warrant that: (1) the Services will meet your requirements; (2) the Services will operate or be compatible with any other application or any particular system or equipment; or (3) defects in the Services can or will be corrected.
The Application and Services may be subject to limitations, delays and other problems inherent in electronic communications.
Impress is not responsible for any delays, communication failures or other damages resulting from such problems.

Changes and Availability

Impress will do its utmost to ensure that Users can access the Site and Services at all times.
However, the operation of the Site and Services may be temporarily interrupted for any reason beyond the control of Impress, including in the event of force majeure, maintenance, updates or technical improvements, or to change its content and/or presentation.

We will endeavour to ensure that the Services operate efficiently and are accessible at all times.
However, the functioning of the Application depends on various factors such as software, hardware and electronic communication networks.
By their very nature, these factors are not free from defects.

We may change the structure, presentation, design or display of the Services, as well as the scope and availability of the information and content they contain, without prior notice.
By their very nature, these changes may lead to malfunctions or interruptions of service.
Impress shall not be held liable for the consequences of such changes or for any failures resulting therefrom.

Impress is not responsible for the non-operation, impossibility of access, or poor conditions of use of the Site and/or Services, for whatever reason, or for any prejudice caused by the unavailability of the Site and/or Services.

Cancellation

In the event of non-compliance with any of the provisions of the GTCU or applicable law, Impress reserves the right, without prior notice and without any compensation, and without prejudice to other remedies of any nature whatsoever, to suspend the provision of all or part of the Services, and in particular to suspend in whole or in part access to the Site, to close the Account and to block any new application for registration on its part, and/or to consider the GTCU terminated ipso jure, without prejudice to any damages to which Impress or a third party may be entitled.

This exclusion is without prejudice to any criminal or civil proceedings to which the User may be subject by public authorities, third parties or Impress, as the case may be.

In the event of a breach by a User of any of its obligations under the GTU, Impress may notify the User of such breach and give the User notice to remedy the breach within 8 (eight) days.
On expiry of this period, or in the event that it is impossible to remedy the said breach, Impress may terminate the GTU by operation of law without further notice.

It is the User’s responsibility to make a manual backup of all data relating to the User and available on the Services prior to the effective termination of the GCU.
Termination may result in the deletion or suspension of access to all information associated with the Account.

Notifications

We may contact you and send you notifications by e-mail and through the Services.
You can contact us at: contact@impress-app.com or through the “Contact Us” section of the Application.

Force Majeure

Neither party may be held liable in the event of non-performance of its obligations due to force majeure as defined by the French courts and, in particular, for the purposes of the GCU, in the following cases: any order or decision of the government or an administrative entity, natural disasters, bad weather, riots, strikes, wars, acts of terrorism, pandemics, internal or external strikes, interruption, suspension, reduction or disruption of electrical or other power, or interruptions of electronic communications networks.

Modifications

We may modify the TOU in response to technical, operational and/or legal changes.
We will notify you about changes to the TOU on the Application or by e-mail within a reasonable time before the changes become effective.
You may choose to reject the modified TOU and terminate your Account.
Any use of the Application after the entry into force of the new modifications constitutes acceptance of the modified TOU.

Miscellaneous provisions

You may not assign or transfer your rights or obligations under the TOU to any third party.
Any attempted or actual assignment or transfer by you will be null and void.
We may assign or transfer our rights and obligations under the TOU to any third party, provided that your rights under the TOU are not affected by such assignment or transfer.

If any part of the TOS is found to be illegal, invalid or unenforceable for any reason, such provision shall be deemed severable and the remaining provisions shall remain in full force and effect.

The TOU, together with the Privacy Notice (available on the Application and on our website), constitute the entire agreement between you and us with respect to your use of the Services and supersede all prior agreements, contracts and understandings, whether written or oral, regarding the Services.

PROOF

The computerized registers (hereinafter referred to as the “Logs“In the absence of proof to the contrary, the electronic data interchange (ECI), stored in Impress’ computer systems under conditions of security generally recognized as reliable, shall be considered proof of the communications, agreements and payments made between the parties.

The evidential value of these Logs cannot be called into question simply because they are electronic.

Prior claim

In the event of a dispute relating to the provision of the Services or the application or interpretation of the TOS (a ” Dispute In the event of a “Dispute” (e.g., a “Dispute regarding the use of the Site”, etc.), the User must first contact Impress in writing by e-mail or post to the contact details indicated in the GCU, and the parties will endeavour to find an amicable solution to the Dispute within 30 (thirty) days.

Request for mediation

In the event of failure to resolve the Dispute amicably within the aforementioned period, the User may submit the Dispute to mediation in accordance with the CMAP mediation rules to which the parties declare that they adhere.

To submit a request for mediation, the User can use the claim form available on the mediator’s website.

The parties remain free to accept or reject the solution proposed by the mediator.

Jurisdiction and applicable law

The GCU are governed by French law.

Any dispute arising from the GTU which has not been resolved in application of the present article will be submitted to the appreciation of the competent French courts.

Date of last update: January 16, 2023