In addition to terms and modification lists below, the following terms are defined:
- Content: Comment, assessment, analysis, review, video, image or any other information in any format and any nature whatsoever, in connection with the subject posted on the Site.
- Site: The PathMotion features and services accessible from multiple platforms (including Internet and mobile phones), including subdomains, co-brands and white labels, and international domains.
- Company/PathMotion: Company/PathMotion: PathMotion S.A.S., registered with the Registre du Commerce et des Sociétés of Paris under number 510 874 886, whose registered office is located at 25 avenue de Lamballe, 75016 Paris (France), which according to the services available over the Site, either is performing hosting of Content or is the publisher of the Site. It is the data controller of your personal data.
- Client: potential recruiter, partner of PathMotion.
- Platform/Platforms: Career Inspiration and Live Chat Events platforms made available by PathMotion. This includes the hosting of content that is provided to the User that forms part of the Services and the Site.
- Terms: articles and sections of this document that must be accepted prior to using the Services.
- Service/Services: An online community that enables companies to place individuals online with a profile, share information and insights and receive questions and messages from other individuals registered in the Site.
- Administrator: any User who is an employee of a Client and has administrative rights over the Platforms and Content.
- Insider: any User who is an employee of a Client but not an Administrator.
- Candidate: any User who is not an Administrator or Insider.
- Vacancies: job vacancies published on the Site by Clients.
- You, your, User: Any user of the Site who creates a PathMotion account and accepts the present Terms, such as Candidates, Administrators and Insiders.
Acceptance Of Terms
Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms and governs our relationship with you in relation to the site and platform. If you disagree with any part of the terms then you may not access the site nor use the Career Inspiration or Live Chat Events platforms.
Description Of Service
The Site is an online community that enables companies to place individuals online with a profile, share information and insights and receive questions and messages from other individuals registered in the Site (“Services”). Services include, but are not limited to, any service and/or content PathMotion makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of PathMotion. PathMotion reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. PathMotion may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of discussions and information and you are directed to retain your own copies of all Content posted on the Site.
As a condition to using some Services (e.g. having a profile, publishing a question or comment, joining or subscribing to a Live Chat Event), you are required to open an account with PathMotion, enter your first and last name, your email address and select a password. You may also enter optional information such as birth date, gender, address and telephone number.
PathMotion has made it available to create an account linked with either Facebook or LinkedIn. Creating a PathMotion account using these options will automatically fill your profile with the respective personal information. This information can be changed at any time by modifying your profile within the settings.
The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your PathMotion account.
You may not enter a falsified name, be it of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your PathMotion account.
Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 12 years old, and who are authorised to access the Site by a parent or legal guardian. If you have authorised a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that although the Site does not allow the display of photographs and images containing nudity and violence, images can appear that may be offensive to some.
The Services are for use by individuals who are seeking to interact and discuss anything related to employment, life and general professional discussions with professional individuals. Accounts may not be opened by agents and other market intermediaries and entities who represent other firms or otherwise. If you do not qualify for registration you are not permitted to open an account or use the Services.
PathMotion may provide you with passwords and authentication login(s) if the situation requires it. This information is strictly confidential and you are solely responsible for its keeping, including ensuring no one else than you can use such identification data to access services and/or account available over the Site.
If such information is not kept with due care, you shall assume full responsibility for all consequences resulting from this breach of care, in particular for actions or statements made through the corresponding account and/or consumption of services. You acknowledge that you shall indemnify PathMotion against any claim resulting from such unauthorised use.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not PathMotion are entirely responsible for all Content that you post, or otherwise submit to the Site. PathMotion, though not obliged, monitors but does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by PathMotion. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any PathMotion user;
- To create or transmit unwanted ‘spam’ to any person or any URL
- To create multiple accounts for the purpose of asking duplicate questions (semantically);
- To post copyrighted Content which doesn’t belong to you, with exception of Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
- With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- To promote or sell Content of another person
- To sell or otherwise transfer your profile.
You can upload different Content on the Site, in connection with its subject matter. The Site has been created in a spirit of community with the desire to respect ethical rules of information sharing, including respect for individual rights, and the Company hopes that you keep the same mind when using the Site. All posting and use of the Content must be in respect of individual rights. The Company appeals to the responsibility of Users and their self-regulation for the Site achieves its goals of usability and information sharing in mutual respect for all users’ contributions.
PathMotion acts as a host within the meaning of Article 14 of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, as implemented in different member states. Moreover, the Company also intends to put on the Site various content of its choice, Content for which it assumes obligations of publisher.
You acknowledge and agree that the Content available over the Site may be subject to legal protection by the law of personal data, copyright, trademark law, database or other legal protection.
You must not copy, reproduce, distribute, publish, modify, adapt, transfer or assign in any form whatsoever the Content on the Site without the express permission of the rights holder(s) over this Content.
To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to PathMotion via email at firstname.lastname@example.org
You are solely responsible for your interactions with other users of the Site. PathMotion reserves the right, but has no obligation, to monitor disputes between you and other users.
Content Submitted Or Made Available For Inclusion On The Service
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the Site. By submitting content to the site you are granting PathMotion a worldwide, Non exclusive license to use the content and are representing and warranting to PathMotion that the content is owned or duly licensed by you, and that PathMotion is free to publish, distribute and use the content as hereinafter provided for without obtaining permission Or license from any third party.
The Company makes available to User space to leave comments. The Site is a community site open to all and the Company cannot guarantee you against any use made by another User of the information he or she has posted. You are solely responsible for the Content you have posted (pictures, ratings, test results, membership in professional networks, or any other data to disclose on the Site), including in your personal profile, and waive any recourse to take against the Company, including on the basis of the infringement in the image, honour, reputation or privacy.
In consideration of PathMotion’s agreement to allow you to post Content to the Site and PathMotion’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with PathMotion as follows:
- You acknowledge that:
- By uploading or posting anything to PathMotion you retain full rights to those works that you had prior to uploading.
- By posting Content to the Site you hereby grant to PathMotion a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site;
- The license granted to PathMotion includes the right to use your Content fully or partially for promotional reasons relating to PathMotion
- PathMotion makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent; and
- Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
- You represent and warrant that:
- You are the owner of all rights, including all copy rights in and to all Content you submit to the site;
- You have the full and complete right to enter into this agreement and to grant to PathMotion the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by PathMotion of the Content as contemplated herein; and
- The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
Personal data and privacy
- What personal data do we collect and how?
- When you open an account with PathMotion, you are required to enter your first and last name, your email address and a password. If you do not provide the information that is indicated as mandatory during the registration process, PathMotion will not be able to process your registration request and to provide you with associated Services. You may also enter optional information such as birth date, gender, address and telephone number.
- You may directly provide information, such as your professional background, in your profile that is accessible over the Site.
- You may also open an account with PathMotion that is linked with either Facebook or LinkedIn. Creating a PathMotion account using these options will automatically fill your profile with the respective personal information. This information can be changed at any time by modifying your profile within the settings.
- User is wholly responsible for all information and content, including any decision to disclose personal data
Provided PathMotion complies with its contractual obligations hitherto, the consequences of disclosure of information about you, other Users and/or any other third parties are your exclusive responsibility. You shall warrant and indemnify PathMotion against any legal action introduced by another User or any other third party, and specifically for potential damage to right of personal portrayal, to honour, to the intimacy of private life, resulting from the distribution or disclosure of any of information you have posted on the Site.
- User shall only disclose on the Site data that is relevant for assessing his/her professional capabilities or that has a direct and necessary link with Vacancies.
User must not disclose any other data and in particular sensitive data such as racial or ethnic origin, religious, political or philosophical opinions, union memberships, or data concerning health or sex life. PathMotion reserves the right to delete any such data.
- PathMotion may also identify your current geographical location via IP address. This personal data may be stored from session to session with your express consent, utilising a combination of a cookie and your PathMotion account. You have the right to opt out at any time of this functionality. This information could be used to display information relevant to your location, e.g. Insiders or Vacancies located near you.
For instance, if you deactivate the cookies collecting personal data about your activity on the Site, we will not collect that data and therefore we will not be able to have this information and/or related scoring displayed on your profile. When you reactivate these cookies, we will not be able to take into account the personal data about your activity on the Site while they were deactivated (you may prefer changing your profile settings to just deactivate the display of that personal data on your profile, so our cookies may still collect it).
- Why and how exactly do we use your information?
- PathMotion processes your personal data for the purpose of allowing your registration on the Site and providing you with Services that require such registration, and in particular to:
- verify your identity;
- display your profile
- display information relevant to your location, e.g. Insiders or Vacancies located near you; you may deactivate this functionality at any time by modifying your profile settings;
- display your questions and comments;
- respond to your questions;
- perform internal analysis and research to improve our Platforms and Services;
- send you information notifications (e.g. new comment on a discussion in which you participate, similar discussions you may be interested in);
- provide you with requested information and services which we feel may be of interest to you, such as answers provided on the Platforms, or notifications related to events that you have subscribed to;
- allow you to participate in interactive activities organised by our Clients and to join Live Chat Events;
- inform you of changes to our Services;
- allow our Clients to contact you if you express any interest in them.
- improve our Platforms and Services;
- if you are a Candidate, calculate a scoring based on the personal data about your activity on the Site and display that personal data and related scoring on your profile (the purpose of which is to indicate to our Clients the likelihood that you could join their company); you may deactivate this functionality at any time by modifying your profile settings.
- Any user of the Site, registered or not, including our Clients (through their Administrators and Insiders), may have access to the personal data displayed on your profile and/or in the comments/questions that you post on the Site. Administrators may view your full profile. Other users of the Site, including Insiders, other Candidates and unregistered users, may only see your first name, the initial of your last name, and your photography if you have uploaded any.
If you do not want personal data about your activity on the Site and a related scoring based on that personal data to be displayed on your profile, you may deactivate this functionality at any time by modifying your profile settings. Please note that, if this functionality is activated, only you and Administrators may view such data.
If you do not want any of your personal data to be displayed, you may terminate your PathMotion account.
You may also delete information you have directly published on the Site.
- We shall not disclose your personal data to any third parties other than users of the Site without your prior permission.
- Your personal data may be processed by our Clients, under their responsibility, for the sole purpose of recruiting personnel.
- If you decide to post a question or comment on the Platforms, PathMotion, or PathMotion on behalf of a Client, may contact you seeking information such as name or email address, if they do not already have access.
- If desired, you can post on the Career Inspiration platform using an anonymous profile. Using an anonymous profile means that your identity will not be disclosed to other users of the Site when you post on that platform, to the exception of Administrators: if you do not wish to disclose your identity to Administrators, do not post on the Career Inspiration platform.
Please note that your posts on the Live Chat Events platform cannot be posted using an anonymous profile: if you do not wish to disclose your identity to other users of the Site, registered or not, do not post on the Live Chat Events platform. PathMotion always knows about your identity when you post using an anonymous profile.
- Please note that our Clients may be located in countries that are situated outside of the European Union.
- We utilise industry security standards to protect all information provided by you against misuse, loss, alteration or destruction.
Our security processes are in place to minimise any unauthorised access to your information or any data that you have supplied whilst using the Site. We cannot, however, guarantee that we will eliminate all risk of misuse of your personal information by intruders.
- Please keep the passwords of your accounts safe and do not disclose them to anyone.
- It is imperative that you contact us immediately if you become aware of any unauthorised use of your password or any other breach of security.
- Our platforms are open to the public. Avoid disclosing any information that could compromise your identity or that of another. PathMotion cannot be held responsible for the protection of the information disclosed within the Site.
- We store your personal data for the duration of this Agreement i.e. for as long as you are registered on the Site.
- In any event, we will delete your personal data two years after your last logging on the Site.
- You may modify or delete your personal data on your profile at any time. You may also terminate your account at anytime.
- Furthermore, every User has a right of access to his/her personal data, and may at any time oppose to their processing for legitimate reasons or request their rectification, addition, clarification, deletion or updating. Contact us at email@example.com to exercise these rights in accordance with Law No. 78-17 of 6 January 1978.
Should you have any question about the processing of your personal data, you can send an email directly to firstname.lastname@example.org.
PathMotion respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. PathMotion will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify PathMotion of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care via email to email@example.com and include in your notice a detailed description of the alleged Infringement sufficient to enable PathMotion to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide PathMotion with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” via an email to firstname.lastname@example.org. You must include in your counter notice sufficient information to enable PathMotion to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PathMotion has no control over such sites and resources, you acknowledge and agree that PathMotion is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PathMotion shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
PathMotion also provides Users with tools to create hyperlinks from the Site, including Facebook links. The presence of illegal content on these linked sites is not the responsibility of the Company and they cannot give grounds to the liability of the Company. The Company reserves the right at any time and without justification, to modify, add or delete hyperlink(s) present(s) on the Site.
Release And Indemnity
You hereby expressly and irrevocably release and forever discharge PathMotion, its affiliated and associated companies and clients, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless PathMotion, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or PathMotion registered email address and password, (iv) any violation of any rights of a third party.
The Company does not perform pre-moderation of the Content posted by Users. It does not act as publisher for these types of content and is not responsible for such Content, subject to the provisions of Articles 14 and 15 of the Directive 2000 / 31/EC on certain legal aspects of information society services, in particular electronic commerce, as implemented in different member states.
You shall indemnify the Company for any expenses incurred by you, your partners or affiliates as a result of misuse of the Site by you, including copying, reproduction, retrieval, storage, transfer or transmission of the Content, even a tiny part, without permission from the holder of rights over the Content and / or the Company.
You may decide to access services for which payment is required. The price, payment terms and descriptions of the services can be found at the following address: https://www.pathmotion.com/corporate/plans-features/ on the Site. In case you require further information before subscribing to paid services, you can email email@example.com. In accordance with relevant distance selling legislation, you are informed that you benefit from a period of seven calendar days, from the date of subscription, to exercise your right of withdrawal without penalty and without cause. However, the right of withdrawal may no longer be exercised once you have accessed the features associated with this service.
Limitation Of Liability
In no event shall PathMotion be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, and (ii) to provide substitute goods or services (however arising).
PathMotion may terminate or suspend any and all Services and/or your PathMotion account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your PathMotion account, you may simply discontinue using the Services.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account you are free to remove the content you posted yourself from the Site.
PathMotion reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, PathMotion will notify you by posting an announcement on the site. What constitutes a material change will be determined at PathMotion’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind PathMotion in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
PathMotion shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond PathMotion’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. PathMotion may transfer, assign or delegate the Terms and its rights and obligations without consent.
These Terms are governed, interpreted and applied according to the law applicable at the place of the registered office of PathMotion in Paris, France, subject to compliance with applicable law. The courts of the Republic of France shall have exclusive jurisdiction for any claim or dispute arising from these Terms including, but not limited to, their interpretation, validity, execution, termination and/or the consequences thereof, to the extent allowed by applicable law, as if made within France between two residents thereof.
Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
The Site, in whole or in part, may be protected by copyright, trademark law, the right of databases or other proprietary or intellectual property rights.
The Content and / or presentation of the Site, in whole or in part, may not be downloaded, copied, reproduced, distributed, transmitted, distributed, displayed, sold, licensed or exploited in any manner for any purpose whatsoever without the prior consent of the Company and / or the Company’s licensors.