Privacy Policy of WorkerNav

Article 1: Ownership

1.1 Solution Ownership

The Provider remains the owner of the intellectual property rights on the Solution. This Contract does not transfer any intellectual property rights to the Client.

1.2 Data Ownership

The Client remains the owner of all Data they use via the Solution within the scope of the Contract. Consequently, the Provider is not liable for any infringement acts that may be observed in the content of the Client's data.

The Client agrees to inform the Provider without delay if they become aware of any of the above-mentioned cases. Furthermore, the Provider may suspend access to the Services in the above-mentioned circumstances, without this constituting a breach of its obligations under this Contract.

The Client agrees to indemnify, defend, and hold the Provider and its subcontractors harmless, at their own expense, from and against any claims, losses, damages (including reasonable attorneys' fees and costs), allegations, or liabilities arising from:

• Any harm to persons or property of third parties due to said Data.
• Any violation of French or international laws due to said Data.
• The illegal, immoral, infringing, or defamatory nature, or alleged illegal, immoral, infringing, or defamatory nature of said Data.

In any case, the Provider cannot be held responsible for any damage resulting from the content of the Client's Data.

Article 2: Maintenance

The Provider is responsible for the corrective and evolutionary maintenance of the Solution. The Provider commits to minimizing, in time and number, the interruptions necessary for maintenance.

2.1 Corrective Maintenance

Corrective maintenance aims to correct any defect related to the Solution, including any anomaly or bug that may affect the functioning of the Solution. Corrective maintenance is provided by the Provider. Please refer to the provided SLA.

2.2 Evolutionary Maintenance

Evolutionary maintenance involves updating the Solution and its technical documentation and/or providing the Client with the new edition improved in its existing functionalities, excluding any other service for specific development. Interventions related to this service may temporarily make the service unavailable.

They are carried out at regular intervals after a notice period of 5 days via email. The Provider will strive to perform these interventions outside of business days and hours.

Article 3: Data Processing

3.1 Personal Data

If the data transmitted for the use of the Services includes personal data, the Client guarantees to the Provider that it has complied with all its obligations under the General Data Protection Regulation (GDPR) and any other applicable data protection legislation. The Client specifically undertakes to have informed the concerned individuals about the use of their personal data and, where applicable, to have obtained their informed consent.

3.2 Data Utilization

The Client is potentially responsible for the editorial content in the use of the Solution. The Client is solely responsible for the quality, legality, and relevance of the Data and content they transmit for using the Solution. They also guarantee that they hold the intellectual property rights allowing them to use the Data and content. Consequently, the Provider disclaims any liability in case of non-compliance of the Data and/or content with laws and regulations, public order, or the Client's needs. The Client guarantees the Provider, upon first request, against any damage resulting from a third-party claim for a violation of this guarantee.

More generally, the Client is solely responsible for the content and messages disseminated and/or downloaded via the Solution. The Client remains the sole owner of the Data constituting the content of the Solution.

3.3 Data Security

The Client and the Provider commit to implementing appropriate technical means to ensure Data security.

Article 4: Financial Terms

4.1 Fees and Allocated Disk Space

The maximum disk storage space provided for storing Data without additional cost is 10,000 photos. If the amount of disk storage space used exceeds the indicated limits, the Client will be notified by email and charged additional storage fees of 20 euros per additional 10,000 photos.

The Service fees will be indicated in euros and are exclusive of taxes and charges.

The billing address is the address of the Client's registered office.

4.2 Price Revision

The Service Provider reserves the right to modify its rates. The new rates will only come into effect on the next subscription renewal date.

4.3 Payment Terms

Notwithstanding the commitment duration, Services are billed annually based on the Subscription choice made by the Client. Invoices are payable within 30 days from the billing date and are automatically debited by direct debit from the Client's bank account. All invoices from the Provider are sent by email. No invoices from the Provider are sent by mail.

4.4 Non-Payment

Without prejudice to any damages, non-payment of an invoice by the Client when due automatically results in:

• Immediate suspension of Services.
• Automatic termination of the Contract within 30 days after the Provider sends a notification, via email, of non-payment that remains unresolved.

Article 5: Warranty

The Provider declares and guarantees:

• That they hold all intellectual property rights allowing them to conclude the Contract.
• That the Solution does not infringe on third-party rights.

The Provider makes no other express or implied warranties regarding the Solution and related Services, including, but not limited to, any implied warranty of merchantability or fitness of the Solution for a particular purpose. The Provider does not guarantee the results of the Solution and is only subject to a best-effort obligation. They do not guarantee that the Solution's functionalities will meet the Client's and their users' requirements.

Article 6: Liability / Force Majeure

6.1 Liability

The Provider's liability is limited to cases of fraud, willful misconduct, or serious negligence proven by the Client.

6.2 Force Majeure

The Provider's liability cannot be held accountable in case of force majeure preventing the performance of the obligations, including, but not limited to, cases of natural disasters, epidemics, pandemics, government actions, terrorism, or any other event outside the Provider's reasonable control.

Article 7: Termination

The Contract can be terminated by either party in case of breach by the other party of its obligations and failure to remedy said breach within a reasonable time frame (30 days) after receipt of a formal notice.

Termination will not affect the rights and obligations that have already been executed or completed before the termination date.

Termination for any reason will result in the immediate suspension of the Client's access to the Services, as well as the loss of the Data hosted on the Solution if not backed up before the termination.

Article 8: Confidentiality

Each party commits to maintaining strict confidentiality regarding the other party's Confidential Information during and after the execution of this Agreement.