GENERAL CONDITIONS FOR THE SUBMISSION OF APPLICATIONS
AND PERSONAL DATA PROTECTION POLICY FOR CANDIDATES
Last updated: 5/10/2019
The Recruitment Platform is published by Accor, a public limited company, having its registered office at 82, Rue Henri Farman 92130 Issy-les-Moulineaux, registered in the Nanterre Trade and Companies Register under number 602 036 444, intracommunity VAT number: FR 93 602 036 444, telephone number: +33 (0)1 45 38 86 00, email address: email@example.com (hereinafter "Accor SA" or "us").
The Recruitment Platform publication director is: Mr. Sébastien Bazin.
The Recruitment Platform is hosted by:
Hanauer Landstraße 298
60314 Frankfurt am Main
Tel.: + 49 69 40 147 – 0
1) Description of the Recruitment Platform
Accor SA is the parent company of the Accor Group. It has decided to set up a recruitment platform (hereinafter, the "Recruitment Platform") allowing (i) entities from the "Accor Group" (namely Accor SA and any subsidiary, affiliate or other entity controlled directly or indirectly by Accor SA) and (ii) other entities operating under an Accor Group brand (entities that have entered into a franchise or management agreement with an Accor Group entity) to manage their recruitment procedures more simply and effectively. This recruitment may be managed directly by employees of the entities involved or, in whole or in part, by external recruitment agencies who would have their own access to the Recruitment Platform.
As such, the "General conditions for the submission of applications and personal data protection policy for candidates" (hereinafter the "General Conditions") apply to candidates (as well as their possible representatives – hereinafter the "Candidates" or "you") for a position within an entity of the Accor Group or an entity under a franchise or management agreement (referred to separately as a "Recruiting Entity" and together as the "Recruiting Entities").
2) Scope of application
The access and use of the Recruitment Platform are governed by the General Conditions. They govern the contractual relationships between you and Accor SA when you access the Recruitment Platform. By using this Recruitment Platform, you accept the General Conditions.
The General Conditions are directly accessible on the Recruitment Platform at any time. Accor SA reserves the right to amend these terms at its discretion. The amended General Conditions will take effect on the date they are posted to the Recruitment Platform and shall be deemed to be accepted without reservation by any Candidate navigating on the Recruitment Platform after they are posted online. Accor SA shall inform the Candidate of any substantial modification to the General Conditions by any means, including the posting of a banner for this purpose on the Recruitment Platform. The applicable General Conditions are those in force on the day of navigating on the Recruitment Platform.
3) Candidate Account
To access and use the Recruitment Platform, each Candidate must log in using the account that they have previously created.
The creation of a Candidate account is done on the homepage of Recruitment Platform. The Candidate is prompted to enter, in the fields provided for this purpose, his/her email address and password. The Candidate may also, to sign in more easily on the Recruitment Platform, connect via social network and import his/her data from this network. Candidates using these features explicitly allow Accor SA to access the public data on their account for the social network concerned (e.g.: LinkedIn, Facebook, Yahoo, etc.), as well as other data referred to when using these features.
The Candidate undertakes to provide, when creating and using his/her account and during any application, information that is accurate, complete and up to date.
The Candidate undertakes to not create or use other accounts than the one initially created, whether using the Candidate's own identity or that of a third party.
The Candidate is legally obliged to keep the username and password secret that allows the Candidate to access the Recruitment Platform. The Candidate acknowledges that all access and use of the Recruitment Platform using his/her account is performed under his/her sole responsibility, except to demonstrate fraudulent use not resulting from any fault or negligence on the part of the Candidate. In this respect, the Candidate undertakes to immediately inform the Recruitment Platform support service at firstname.lastname@example.org in the event of loss or theft of the Candidate's credentials or any hacking or fraudulent use of his/her account.
The Candidate's account will be deactivated following an inactivity period of 2 years.
Accor SA reserves the right to deactivate or suspend a Candidate account without any delay or formality, particularly in the event of:
- usage of the Recruitment Platform that does not comply with the General Conditions, namely, obligations arising from Articles 1 to 10 of the General Conditions;
- usage of the Recruitment Platform that does not comply with the applicable legislation;
- an unauthorized connection, particularly through the fraudulent use of the Recruitment Platform or by the wrongful use of credentials;
- the submission of over fifty applications by a Candidate on the Recruitment Platform over a period of thirty days.
Accor SA accepts no responsibility regarding the possible consequences of deactivating or deleting a Candidate account.
4) Use of the Recruitment Platform
All Candidates must be in good standing with their administrative situation to be allowed to work in the country in which they are applying, understanding that the conditions of employment vary according to the applicable legislation and are subordinate to the local guidelines of the Recruiting Entities.
All Candidates are solely responsible for their use of the Recruitment Platform.
The Candidate must not take any action that could compromise the security of the Recruitment Platform and, more generally, its proper operation. In particular, the Candidate shall not use the Recruitment Platform in a manner that would disrupt or damage the Platform, servers, networks or other properties belonging to Accor SA and/or any third party, including the knowing introduction of viruses or other malicious software.
The Candidate must ensure compliance with the legal and regulatory provisions in force and therefore not use the Recruitment Platform in a way that would constitute a violation of the intellectual property rights of any third party, damage to others (including defamation, insults, abuse, etc.), an infringement of asset/image rights and right to privacy, or which undermines public order and/or standards of decency. The Candidate is therefore prohibited:
- to use the Recruitment Platform to upload, transmit or make available to anyone any content that is illegal, damaging, harmful, threatening, abusive, defamatory, insulting, obscene, pornographic, hateful, that constitutes harassment, defends crimes against humanity or terrorism, incites hatred or violence, interferes with the privacy of others or human dignity, or is otherwise objectionable under the applicable regulations;
- to use the Recruitment Platform to copy, store, modify, use or disseminate copyrighted material or works (databases, web pages, photos, textual elements, images, etc.), the use of which has not been expressly authorized by their author or owner (whether this is Accor SA or a third party);
- to use the Recruitment Platform for purposes that are unlawful and/or contrary to the GCU.
5) Intellectual property
The "Accor" trademark, as well as all trademarks, figurative or otherwise, and more generally all other trademarks, illustrations, images and logos appearing on the Recruitment Platform (hereafter the "Trademarks") are and remain the exclusive property of Accor SA or are licensed to Accor SA.
The Recruitment Platform and all of the graphic, textual, visual and photographic elements contained therein, including any illustrations, images, drawings, photographs, characters, text, decoration, presentation formats, graphics and any other element on the Recruitment Platform (hereafter the "Content") are and remain the exclusive property of Accor SA or are licensed to Accor SA and are protected by intellectual property rights.
The Trademarks, Recruitment Platform and/or its Content may not be, in whole or in part modified, reproduced, represented, distributed, displayed, marketed or included in any derivative or other work, and on any medium whatsoever.
Any use of all or part of the Trademarks, Recruitment Platform and/or its Content, including downloading, reproduction, transmission or representation for purposes other than those provided for in the General Conditions is strictly prohibited.
Subject to the General Conditions, Accor SA grants the Candidates a personal, non-exclusive and non-transferable right to access and use the Recruitment Platform.
The Candidates are strictly forbidden to:
- copy, reproduce, represent, disseminate, distribute, publish, either permanently or temporarily, all or part of the Recruitment Platform and/or its Content and/or Trademarks by any means and on any format known or unknown to date;
- create derivative works based on the Recruitment Platform and/or its Content and/or Trademarks;
- modify, translate, adapt or adjust, in whole or in part, the Recruitment Platform and/or its Content and/or Trademarks;
- disassemble, decompile or reverse engineer the Recruitment Platform and/or its Content;
- distribute, transmit, disseminate, sell, lease, grant or use, by any means whatsoever, all or part of the Recruitment Platform and/or its Content and/or its Trademarks without the express prior written consent from Accor SA.
6) Personal data protection policy
We know that the protection of privacy and personal data is part of the legitimate expectations of the Candidates. That is why we have established and implemented this policy that describes how the personal data from Candidates may be used as part of their usage of the Recruitment Platform.
PLEASE NOTE: Accor SA has defined the technical and functional features of the Recruitment Platform and assures the maintenance of operational conditions in the interest of the Accor Group. The company acts as data controller in this capacity.
Each Recruiting Entity that recruits through the Recruitment Platform, either alone or assisted by external agencies or firms, in turn acts as a data controller, as long as this entity determines alone and under its responsibility the data to be collected and how to use this data to perform its recruitment operations, according to the possible specific characteristics of its local legislation. The contact details of the Recruiting Entity are available in the job description.
In the General Conditions, it is agreed that the terms "personal data", "processing", "recipient and "subcontractor" have the meaning attributed to them in the General Data Protection Regulation (Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data).
As such, "personal data" is any information relating to an identified or identifiable natural person (a "relevant party"); an "identifiable natural person" is deemed to be a natural person who can be identified, directly or indirectly, by referencing an identifying factor, such as a name, identification number, location data, an online username, or one or more elements specific to the person's physical, physiological, genetic, psychological, economic, cultural or social identity.
The data protection policy must be read carefully by the Candidates so they may be informed as to the type of personal data that Accor SA and the Recruiting Entity have concerning them and the way in which they use such data.
By navigating on the Recruitment Platform, the Candidates acknowledge having read and understood the General Conditions, including Article 6herein, and have been able, if they wish, to keep a copy.
A) Intended purposes and legal basis
Accor SA, when not acting as the Recruiting Entity, processes personal data from Candidates to manage access and the proper operation of the Recruitment Platform. This processing is based on its legitimate interest in operating a platform that allows the Accor Group entities and other entities operating under an Accor Group brand to more effectively manage their recruitment.
Each Recruiting Entity processes personal data from Candidates in order to manage the recruitment process and find suitable profiles for vacancies. This processing is based on its legitimate interest to manage its recruitment, select Candidate profiles relevant to the positions to be filled, verify their qualifications and suitability for the position concerned, as well as perform pre-contractual measures at the request of the Candidate.
B) Data collected
For the purpose of creating and managing the Candidate account, Accor SA shall collect the Candidate login details and data relating to the use of the Recruitment Platform (connection logs, etc.) In order to allow the Candidates easily sign into the Recruitment Platform without needing to complete a registration form or automatically fill in the data required for their application, Accor SA shall provide a social network login system where data may be imported from such network. The Candidates using these features explicitly allow Accor SA to access the public data on their account for the social network concerned (e.g.: LinkedIn, Facebook, Yahoo, etc.), as well as other data referred to when using these features.
If you do not provide Accor SA with the requested information, you may not be able to access the Recruitment Platform.
When using the Recruitment Platform, certain fields are marked as compulsory. As such, these fields determine the admissibility of the applications. The failure of a Candidate to provide the relevant information may make it impossible for the Recruiting Entity to process the Candidate's application.
The Candidates are free to not provide the requested information in fields that are not marked as compulsory. However, depending on the information concerned, this may limit the ability of the Recruiting Entity to take the candidacy into account during the recruitment process.
Depending on specific local legislation requirements, the Recruiting Entities shall collect the required data through the Recruitment Platform to assess the Candidate's ability to fill the proposed position. This data may include:
The Candidate's identity and contact information: last name, first name, sex, date and place of birth, nationality, contact details (address, personal telephone number, email address), photograph and, more broadly, any identification normally provided by a Candidate in his/her resume;
The Candidate's career and training: diplomas and training certificates, previous professional experience, foreign languages spoken, situation in terms of geographical mobility and, more broadly, any relevant information normally provided by a Candidate in his/her resume;
Any information provided by the Candidate at the time of submitting their application that may be contained in his/her resume or cover letter;
Depending on the recruitment procedure implemented by each Recruiting Entity and local legislation, information obtained from third parties: evaluation report from recruiting firms, reference checks within the professional environment or background checks where necessary, appropriate and lawful.
In general, you commit that any personal data regarding you that is provided by you is current, accurate, complete and unambiguous. The accuracy of the information provided by Candidates is indeed essential, as this information allows them to quickly and effectively establish a relationship with the Recruiting Entities.
The Candidate must not provide information on the Recruitment Platform that may reveal sensitive data (namely racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, information related to health, lifestyle or sexual orientation) or any data related to offences or criminal convictions, except where permitted by national law.
C) Data recipients
The personal data from the Candidates is intended for:
- the authorized staff from Accor SA that are responsible for the management and operational maintenance of the Recruitment Platform and Candidate accounts;
- Oracle, as the provider of "Taleo" services used by Accor SA to enable it to run the Recruitment Platform; Oracle operates as a subcontractor of Accor SA for the sole purpose of implementing the service contract entered into by both entities;
- other subcontractors that Accor SA may use as part of running the Recruitment Platform, for the sole purpose of implementing the service contract entered into at the time with the supplier concerned;
- authorized individuals involved in the recruitment process at the Recruiting Entity, as well as authorized individuals from the human resources, IT and legal services of the Recruiting Entity;
- external service providers selected by a Recruiting Entity to take part in the recruitment process (recruitment firms, testing or candidate evaluation service providers, etc.);
- local or foreign public authorities as part of official requests, for national security purposes or where required by law.
In addition, your personal data may be shared with third parties (public authorities, external advisers, investors) for the following purposes:
- in the context of a merger or acquisition of all or part of the Recruiting Entity concerned by a third party, whereby you accept;
- in response to judicial or administrative proceedings of any kind or law enforcement actions requested by the competent authorities;
- to comply with legal obligations, protect the rights and/or security of an individual, protect the rights and property of the Recruiting Entity, including the need to comply with this data protection policy, and prevent any security or technical issues.
D) Data retention period
The Recruiting Entities shall retain personal data from Candidates for the time required to fulfill the purposes stated in Article 6 and in accordance with the applicable laws.
In the event of a negative application outcome, the Recruiting Entity shall notify the candidate if it wishes to retain his/her file so that he/she may have to opportunity to oppose this retention; If the Candidate does not oppose the retention of his/her file, the Recruiting Entity shall keep the file for a period of 2 years from the last contact with said Candidate. The data may not be kept for a longer period of time unless the Candidate expressly agrees.
After this time period, data from Candidates will be archived in accordance with the applicable limitation periods (generally for a period of 5 years from the last contact with the Candidate).
In any case, the Candidate's account will be automatically deactivated 2 years after the Candidate's last activity on the Platform.
The Candidates may also deactivate their account themselves at any time by using the "Deactivate" function.
During the period of activity on a Candidate's account, Recruiting Entities may consult the Candidate's file and request it in the event that there are vacancies for which the Candidate may be suitable.
E) Transfer of data outside the European Union
For the purposes stated in Article 6, personal data from the Candidates may be sent to entities that may be located in countries with different levels of personal data protection than those provided in Europe.
Accor SA shall secure the transfer of personal data outside the European Union on its initiative and where it does not fall under one of the exceptions provided for by the applicable legislation for implementing the appropriate measures, in particular the standard contractual clauses of the European Commission or certification of recipients using the Privacy Shield procedure, when they are established in the United States. You may request a copy of these measures (see Article 6.6—"Rights of candidates regarding their data").
It is up to each Recruiting Entity to implement the same measures in order to secure data transfers outside of its country of origin, according to what is required by its local regulations.
F) Rights of the Candidates regarding their data
Under the legislation applicable to the protection of personal data, Candidates have certain rights regarding the collection and processing of their personal data, including:
- Right to be informed: Candidates have the right to be informed in a clear, transparent, understandable and easily accessible form of how their personal data are processed.
- Right of access: Candidates have the right to obtain (i) confirmation that personal data concerning them are or are not being processed and, where available, to obtain (ii) access to such data and a copy of such data.
- Right of rectification: Candidates have the right to rectify personal data concerning them that are not accurate. They also have the right to ensure the completion of any incomplete personal data, including the provision of a supplementary declaration.
- Right of erasure: In some cases, the Candidates have the right to have their personal data erased. However, this right it is not an absolute right and the data controller may have legal or legitimate reasons to retain such data.
- Right to limit processing: In some cases, the Candidates have the right to limit the processing of their personal data.
- Right to object: The Candidates have the right to object at any time, for reasons relating to their particular situation, to the processing of personal data concerning them when such processing is based on the legitimate interest of the data controller. However, the data controller may invoke legitimate and compelling grounds for further processing.
- Right to convey instructions regarding the use of data after death: The Candidates have the right to give instructions to the data controller regarding the use of their personal data after their death.
The Candidates may exercise their rights by contacting:
- The contact person within the Recruiting Entity with whom they applied, particularly for all data processing carried out by this entity as part of its recruitment procedures (definition of the data collected, use of this data, use of third parties as part of the procedure, etc.); or
- The generic address Accor.email@example.com, specifically for all data processing related to the use of the Recruitment Platform and the management of the Candidate's account.
To ensure the confidentiality and protection of personal data from Candidates, it is necessary to be able to identify them before responding to their request. For this purpose, in the event of any doubt regarding the identity of a Candidate exercising their rights, such Candidate may be asked to attach a copy of an official identity document, such as an ID card or passport in support of such request. All requests will be processed as soon as possible and in accordance with the applicable law.
Finally, the Candidates may submit a complaint with a supervisory authority (list of supervisory authorities within the European Union: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm) or contact the Accor Group Data Protection Officer at: firstname.lastname@example.org.
7) Hypertext links
It is forbidden to create a hypertext link to the Recruitment Platform without the prior express written consent of Accor SA. Requests should be addressed to the Recruitment Platform Publishing Director at the following address: email@example.com.
The Recruitment Platform may contain links to other platforms, sites or applications. To the extent that Accor SA cannot exercise control over its external sources, Accor SA does not provide any guarantee with regard to the availability and content of these sources, and accepts no liability for the content, advertisements, products, services or any other material available on or from these external sources. Accor SA shall also not be liable for any losses or damage, either proven or alleged, in connection with having used or trusted the content, goods or services available on such external sources.
A) Responsibility of Accor SA
The Recruitment Platform and its Content are provided as is and subject to availability.
Accor SA does not guarantee that the Recruitment Platform or its Content are error-free or accessible on an uninterrupted basis.
The Recruitment Platform is normally accessible 24 hours a day, 7 days a week, subject to:
- a force majeure event;
- availability of the Internet network;
- temporary suspension of the Recruitment Platform for technical reasons related to the Recruitment Platform updates, maintenance or any other technical reason.
Accor SA undertakes, as part of an obligation of means, to provide access to the Recruitment Platform and to exercise its best efforts to rectify any malfunctions that are brought to its attention. However, Accor SA may find that it is obliged to temporarily or permanently suspend the Recruitment Platform without notice, particularly for technical and/or maintenance reasons, regardless of its origin or cause, without this leading to liability on the part of Accor SA.
It is stated that the Internet network, as well as the computer and telecommunications systems that may be used to access and use the Recruitment Platform, are not free from errors and interruptions and that outages may occasionally occur. Accor SA shall not be held liable for any inconvenience or damage arising from the use of the Internet network. It is the responsibility of the Candidates to take all appropriate measures to ensure the security of their equipment, data, software or other materials, especially against any viruses and/or attempted breach where they may be victims.
The responsibility of Accor SA to the Candidate is limited to events that are directly attributable to Accor SA and cause direct damage to the Candidate.
In no event shall Accor SA be held liable to the Candidate with regard to:
(i) indirect damage that is recognized as such by the French courts;
(ii) damage resulting from misuse or use of the Recruitment Platform that does not conform to the General Conditions; or
(iii) damage resulting from acts attributable to the Candidate, any other Candidate or a third party.
B) Responsibility of the Candidate
The Candidate is solely responsible their use of the Recruitment Platform, including compliance with obligations under the General Conditions pertaining to them.
In this regard, the Candidate shall protect Accor SA against any complaint, action, claim and/or recourse of any kind that may be made by any third party against Accor SA based on the Candidate's violation of one of their obligations or guarantees under the General Conditions, or, more generally, the use of the Recruitment Platform by the Candidate. The Candidate undertakes to indemnify Accor SA for any injury, loss and/or damage that the latter may suffer and to pay any costs, charges and/or convictions that Accor may have to bear as a result.
9) Applicable law – litigation
The General Conditions are governed by French law.
In the event of any claim or dispute relating to the application, interpretation or implementation of the General Conditions, the Parties shall seek to settle the dispute amicably prior to any legal action or use of a mediation procedure. Failing an amicable agreement, the French courts will have sole jurisdiction.
It is specified that the original language of the General Conditions is French and that, in case of contradiction between the translations of such General Conditions, the French version will prevail.
In the event that one or more provisions of the General Conditions are considered invalid or not enforceable by a competent court or by any applicable laws or regulations, this provision will be removed without affecting the validity or enforceability of any other provisions of the General Conditions.
The failure of Accor SA to invoke any provision whatsoever in the General Conditions shall not be construed as a waiver of this provision or the right to subsequently waive this provision and/or seek compensation for any breach of this provision.
11) Assistance—Information – Claims
Any request for information, clarification, assistance, or any claim related to the Recruitment Platform should be sent to Accor SA by email to the following address firstname.lastname@example.org. Please note that we do not accept applications to this e-mail address.