Terms and Conditions of Use | AddWorking

Update date: 01/02/2022

Other general conditions

Lexicon

Each of the terms mentioned below shall have the following meaning in these General Terms of Use of the AddWorking application, hereinafter referred to as the "GTU":

Company: means the company AddWorking
Customer: means the company with which AddWorking contracts in order to manage and control its subcontracting
Provider: means the company (legal entity) or individual subcontractor of the Customer
Application: means the technical solution developed by AddWorking, accessible in multi-supports (web, cell phone and any other support that can connect to the Internet)
Platform: means the Application available on the Internet
User: means any person, Client or Provider, using the Application
Services: all the technical and human resources provided by AddWorking to the Users, aiming at facilitating the handling and the use of the Application
Website: means the website: app.addworking.io

General information

This web application is edited by : ADDWORKING

ADDWORKING - Simplified joint stock company with a capital of 213,415 euros, registered in the Annecy Trade and Companies Register under number 810 840 900 and whose head office is located at 4 rue des Francs-Tireurs - 74000 ANNECY - FRANCE.

Email : contact@addworking.com

Responsible for the application : Julien PERONA

Director of publication : Julien PERONA

Design, production and animation of the site: AddWorking SAS

Hosting Providers :

For the public website (home interface) :

Webflow, Inc. - San Francisco, 398 11th Street San Francisco, CA 94103, USA

For the Application (for registered Professional Users only, with private login required):

- AWS Paris - 31 place des Corolles, 92400 COURBEVOIE, France

- Amazon Web Services EMEA SARL - 38 avenue John F. Kennedy, L-1855 99137 LUXEMBOURG (European Economic Area data processing).

Information on services

AddWorking simplifies and secures the management of the relationship between companies (hereinafter the "Customer") and external resources such as subcontractors, ESN and freelancers (hereinafter the "Provider") via its original web application (app.addworking.io).

This application offers to each of them a series of modules in particular to facilitate the referencing of the Customer's Providers, the broadcasting of offers of missions or calls for tender to the referenced Providers as well as the centralization of the answers, dashboards, and as an option, a contractual management between the 2 parties and a management of the payments

The activation of certain modules may require a contract between the Company and/or the Client and/or the Provider. If necessary, the Company will propose, via the Platform, additional contracts that can be signed online by electronic means.

In a more global way, the Company allows to reduce the various legal risks to which the company "Customer" is exposed in the framework of subcontracting. The Provider undertakes, when it wishes to be referred by a Customer, to provide all documents necessary to control its compliance with the rules of subcontracting and requested by AddWorking.

Once a Provider accepts to be referenced by a Customer, the Customer has access to all the documents uploaded on the Platform by the Provider and necessary to check its compliance. Once the Provider has entered additional data related to its activity, its business, its skills and its various certificates requested by a Customer, the Customer has access to all this information. Once a service contract is established between the Customer and the Provider via the Platform, both parties have access to all data and documents necessary for the proper conduct of the mission, from contracting to invoicing if this last option has been chosen by the Customer.

The Client and the Service Provider agree to transmit to the Company, as soon as possible, all information requested and necessary for the proper performance of its mission.

No commercial use, even partial, of the data presented here may be made without prior written agreement between the parties.

Registration to the site

In order to access the Services, the User must create an account by registering for free on the app.addworking.io Website. The User must be at least 18 years old and legally capable of entering into a contract and using the Site in accordance with these TOU. The User is required to provide accurate information that he agrees to update immediately in case of modification. The User must provide the Company with his contact details and his SIREN or RCS number.

Access to the account created is protected by an identifier and a password chosen by the User when registering on the Site. The User is solely responsible for any use that may be made of his login and password, and is the sole guarantor of their confidentiality, as well as any use of his account.

As soon as the Provider and the Customer agree, upon creation of their profile, to enter into a service contract with the Company to use the Services - called CPS1 for the contract between AddWorking and the Customer, and CGS2 for the contract between AddWorking and the Provider - if the User provides false, inaccurate, outdated or incomplete data or if he misuses the Application and the Services, the Company will have the right to suspend or close his account and refuse him, in case of misuse of the Application and the Services, the User's account, If the User provides false, inaccurate, outdated or incomplete data or if he misuses the Application and the Services, the Company shall be entitled to suspend or close his account and to refuse him, in the future, access to all or part of the Services.

Unsubscribing from services and site operation

For the Provider

Once registered, the Provider can benefit from the Services of the Application.

The Services include, but are not limited to:

An easier way to get in touch with customers;
The provision of administrative and billing tools to facilitate the performance of the Services;
An activity monitoring dashboard;
Administrative alerts to ensure that providers are fully compliant with their company's administrative requirements.

For the Client

Once registered, the Customer can benefit from the Services of the Application.

The Services include, but are not limited to:

An easier way to get in touch with the Providers;
Provision (according to the options or modules selected by the Customer) of administrative, legal and billing tools to facilitate the management of the Service Providers;
Alerts to limit the legal risks associated with each service.

The Client can propose offers to its Providers via the Application. The Provider can send its price proposal to the Customer and the Customer will choose among those sent to him.

The Customer can then generate and electronically sign a service agreement with the Provider if this option has been selected by the Customer.

Access to the application and services

Access to the Application and Services is exclusively reserved to registered Users.

Users are personally responsible for setting up the computer and telecommunication resources required to access the Application. They are responsible for the telecommunication costs of accessing the Internet and using the Site.

The Site is accessible 24 hours a day, 7 days a week for all Users.

If the User needs any information concerning the Platform, the Site or its Services, he/she can contact the Company via the internal messaging system of the Application.

The Company reserves the right, without notice or compensation, to temporarily or permanently shut down the Application or access to one or more Services to update, modify or change operational methods, servers and hours of accessibility, without this list being limiting.

The Company reserves the right to make any changes and improvements to the Application and Services that it deems necessary or useful for the proper functioning of the Application and Services.

Responsibility

The User is solely responsible for any direct or indirect prejudice that he/she may suffer as a result of inaccurate, incomplete and/or misleading information that he/she provides at the time of registration or in the absence of updating of such information, for which he/she alone assumes the consequences. The User is solely responsible for all content that he/she chooses to put online on the Application, as the Company does not control the content before it is put online.

The User expressly agrees not to publish any content that is abusive, defamatory, disparaging, slanderous, racist, xenophobic, contrary to morality and good manners, infringing, prejudicial to public order or to the rights of third parties, likely to infringe the rights, reputation and image of the Company and, more generally, the content of which is in breach of the law and/or regulations, in particular those of a penal nature.

The User is solely responsible for the conclusion and execution of the CPS3 that he/she concludes with another User through the Application, the Company only intervening to put them in contact and offer them Services related to the services. The conclusion and execution of the CPS3, which are directly between the Client and the Service Provider, are carried out at the initiative and under the exclusive responsibility of the latter.

AddWorking makes every effort to ensure access and proper functioning of the Application and Services 24 hours a day, 7 days a week. However, given the limitations of the Internet, the Company cannot exclude that access and operation of the Application and Services may be interrupted in case of force majeure, malfunction of the User's equipment, malfunction of the User's Internet network, maintenance operations to improve the Application and Services.

Consequently, the Company shall not be held responsible for any interruption of the Services, whether voluntary or involuntary, it being specified that it undertakes to make its best efforts to limit any interruptions that may be attributable to it.

The Company shall not be liable for any false, misleading or out-of-date information provided to it by a User.

Other information - Clause

This Application is subject to French law. In the event of a dispute, the French courts will have exclusive jurisdiction.

Intellectual / industrial property rights of the site

The Application and each of its components constitute, together, a work protected by the laws in force on intellectual property, which AddWorking owns.

The images, videos, photographs, trademarks, domain names, denominations or appellations, logos and slogans are, unless otherwise specified, the intellectual property of the Company.

No commercial exploitation, reproduction, representation, use, adaptation, modification, incorporation, translation, marketing, partial or complete of these elements can be made without the prior written consent of AddWorking, except for private use subject to different and more restrictive provisions of the Code of Intellectual Property. Similarly, any reproduction through a modification of the URL and source code of the site similar to " framing " is expressly prohibited.

The violation of one of these industrial and/or intellectual property rights is a counterfeiting offence punishable by 3 years imprisonment and a fine of 300,000 euros.

Intellectual / industrial property rights of the contents

Any User who posts content on the Application retains full ownership of all content posted.

By communicating content through the Application, the User expressly authorizes the Company to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and display all or part of the content on the Application, social networks blogs operated by the latter and/or on any other medium (including physical and digital media, press kits, commercial media, promotional and/or advertising material), by any means, for the purpose of operating, improving, promoting, marketing, advertising the Services and the Application or for the purpose of setting up partnerships. This authorization is valid for the whole world and for the duration of the User's registration.

The User acknowledges that any use of its content made by the Company prior to its unsubscription, deletion or termination of its account will not be challenged.

Personal data protection policy

Update date: 01/02/2022

AddWorking undertakes to comply with the regulations in force applicable to the processing of personal data and, in particular, the European Regulation (EU) 2016/679 known as the "General Data Protection Regulation", the French Law No. 78-17 of January 6, 1978 corresponding to "La Loi Informatique et Libertés", as amended, as well as the deliberations and recommendations of the CNIL or any other European control authority, personal data protection or supervision competent.

During his visit to this Application, the User may be asked to enter information of various types. The Company will also collect data to generally improve the Application Services.

Data entered by the user

Data are entered by the User at different levels:

When creating an account on the Platform
When legal documents and business documents are transmitted via the Application
As users exchange and share their profiles via the Application
When the User contacts the Company's Customer Support department
When using the Application's Instant Messaging (Chat)

Data collected by AddWorking

The Company automatically collects data through the use of its Services. Usage data is recorded when the Application services are accessed and used in any way. Audience measurements are carried out, allowing for example a measurement of the number of pages viewed, the number of visits to the Site, as well as the activity of visitors on the Site and their frequency of return. To evaluate the activity of the User (e.g.: last connection, last activity), connection identifiers, cookies and the recording of the IP address used for the connection are used. Technical data on the User's internet connection, browser and devices may also be collected.

Data received from partners

The Company may receive personal data from Customers, Providers and partners (e.g., legal and public information specific to the company) and in compliance with the European Regulation (EU) 2016/679 known as the "General Data Protection Regulation", the French law n° 78-17 of January 6, 1978 corresponding to "La Loi Informatique et Libertés", as amended, as well as the deliberations and recommendations of the CNIL or any other competent European control, personal data protection or supervisory authority.

Use of collected data

The data collected is mainly used by the Company for management purposes to ensure the compliance of the Customer's Service Providers, to control the progress of the services provided by the Service Provider to its Customer and to validate the Service Provider's invoices for payment.

Use of data based on the performance of the contract:
The data collected is mainly used by AddWorking for management purposes, to ensure the compliance of the Customer's Providers, the control of the progress of the services performed by the Provider to its Customer and the validation of the Provider's invoices for payment.
Based on the performance of the contract, the data is used to provide the Company's Services, including:

Ensure the creation and management of the account
Provide our instant messaging service
Send push notifications and emails regarding the use of our services
Answer questions via the Customer Support service
Propose complementary offers or services.

Use of data on the basis of legitimate interest:
On the basis of the Company's legitimate interest, data is used to:

To feed statistics and marketing analysis, in order to understand how the services are used
Offer personalized content to the Users of the Application
Facilitate the connection between the Customer and the Service Provider
Calculate the average response time to messages that are sent via the Application
And in general, to improve the User experience

Use of data to comply with legal obligations:
The Company may process data for evidentiary purposes and in order to comply with its legal obligations.

Recipient of the data

In order to comply with legal obligations, personal data may also be transmitted to authorized administrative and judicial authorities, only upon judicial request.

Duration of data retention

The length of time personal data is retained varies according to the purpose for which it was collected:

The account data (identity, electronic contact information, history of use of services) are kept for three (3) years from the end of the commercial relationship
The data relating to the management of the Account are kept for a period of five (5) years from its deletion and this, exclusively for evidential purposes
The documents and accounting records are kept for ten (10) years as accounting evidence

Data security

Information is protected by electronic and administrative security measures at various levels:

User access control: with access restricted by a login (email address) / password pair
Traceability measures: logging of user logs over 2 weeks / historization of user actions over the same retention period as the data collected
Data backup: data is saved in a dedicated database
Data encryption: the site is accessible only in HTML, using SSL/TLS with certificate

All the information listed above allows the Company to better know the User, to meet his needs and to provide him with a quality service. It may be stored, processed automatically and used in particular to contact and inform the User of the existence of the Company's products and services in the context of commercial and marketing actions. Moreover, the recorded data will be accessible to the Users registered on the Application in order to put them in contact for the execution of services.

Phishing or account usurpation

Phishing is a form of fraud which consists in taking the identity of AddWorking by means of an e-mail to incite you to communicate your personal data.

We work regularly to provide you with a secure navigation of our services.

If you receive an e-mail that you believe to be fraudulent, please notify us by forwarding it to: privacy@addworking.com .

If you suspect that your account has been spoofed, contact us at privacy@addworking.com

TRANSFER OF YOUR PERSONAL DATA

You are informed that your personal data may be transmitted to companies located in countries outside the European Union.

Prior to the transfer outside the European Union, and in accordance with the regulations in force, the company implements all the procedures required to obtain the guarantees necessary to secure such transfers in accordance with the European Regulation (EU) 2016/679 known as the "General Data Protection Regulation", the French law n° 78-17 of January 6, 1978 corresponding to "La Loi Informatique et Libertés", as amended, as well as the deliberations and recommendations of the CNIL or any other European control authority, personal data protection or competent supervisory authority.

For more information on the management of cross-border flows, you can contact us directly: AddWorking (4 rue des Francs-Tireurs - 74000 ANNECY - FRANCE / privacy@addworking.com )

As the operational headquarters of AddWorking SAS is located in France, the CNIL is the lead authority for the cross-border processing implemented.

Exercise of rights

Pursuant to Articles 14 to 22 of the European Regulation (EU) No. 2016/679, known as the "General Data Protection Regulation", any natural person using the service has the right to exercise the following rights:

A right of access
A right of rectification
A right to oppose and delete the processing of his data
A right to object to profiling
A right to limit processing
A right to data portability

Finally, when the company detects a breach of personal data that may pose a high risk to your rights and freedoms, you will be informed of the breach as soon as possible.

These rights can be exercised with AddWorking which collected the personal data in the following way by post or by email

To exercise this right, please contact AddWorking (4 Rue des Francs-Tireurs - 74000 ANNECY - FRANCE / privacy@addworking.com )

ADDWORKING will send a response within 1 month after the exercise of the right. In certain cases, due to the complexity of the request or the number of requests, this period may be extended by 2 months.

You may, at any time, file a complaint with the competent control authority: CNIL(www.cnil.fr).

WHAT HAPPENS TO MY DATA AFTER MY DEATH

The User may formulate directives relating to the retention, deletion and communication of his or her personal data after his or her death in accordance with French law no. 2016-1321 of October 7, 2016 (former article 40-1 of French law no. 78-17 of January 6, 1978). These directives may be general or specific.

The User can formulate his advance directives to AddWorking (4 Rue des Francs-Tireurs - 74000 ANNECY - FRANCE / privacy@addworking.com )

CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy in the future. We will notify you of material changes to this Privacy Policy by sending a notice to the email address you have provided or by posting a prominent notice on our website

Cookie Policy - What is a cookie?

Cookies are small text files that are installed in the browser of the User's computer to record his activity. They send an anonymous identifier that will be stored on that computer and will allow the User to navigate the Internet much more easily, for example, by allowing Users who have already registered to access areas, services, promotions or contests reserved for them without having to identify themselves on each visit. Cookies may also be used to measure certain audience, traffic and navigation parameters, to calculate the duration of a session and/or to control the flow and access. The User is advised that the Internet Application uses cookies.

The Company has appropriate tools to obtain the User's permission to install the required cookies. In accordance with current legislation, however, it is important to note that (i) if the browser configuration is modified and this disables the restrictions by preventing the memorization of cookies, then the User is deemed to have given his consent to the use of cookies and (ii) his informed consent is not required for the installation of cookies strictly reserved for a service expressly requested by himself (by means of a prior registration). Without prejudice to the foregoing, the User may configure his or her browser so as to be notified of the receipt of cookies and to prevent their installation in the system (using Microsoft Internet Explorer, Tools menu, Internet Options selection, then Privacy).

It is important to know that disabling cookies may affect the browsing performance of the Internet Application. For more information, you should consult the instructions and guidelines for your browser.

When using Firefox, on a Mac computer, go to the Preferences menu, select Privacy and access the Show Cookies section; on a Windows PC, go to the Tools menu, select Options, then Privacy and, under Retention Rules, select Keep History.

When using Safari, in the Preferences menu, select Privacy.

To use Google Chrome, in the Tools menu, select Options (Preferences on Mac), then Advanced Options; click on Content Settings and, in the dialog box that appears, select Cookies.

Legal information

Last updated on 23/02/2023

Website publisher:
Corporate name of the publisher: AddWorking SAS
Corporate form: SAS with a capital of 213,415 euros
Head office address: 4 rue des Francs-Tireurs 74000 Annecy - France
Registered at the RCS Annecy under n° 810 840 900
Website manager: Julien PERONA
Publication manager: Julien PERONA
Design, production and animation of the website: AddWorking SAS

‍
Website Host:
Webflow, Inc.
398 11th Street
San Francisco, CA 94103
contact@webflow.com

‍
‍Application Host (reserved for registered Professional Users, with private connection required):

AWS Paris - 31 place des Corolles, 92400 COURBEVOIE, France
Amazon Web Services EMEA SARL - 38 avenue John F. Kennedy, L-1855 99137 LUXEMBOURG (European Economic Area data processing).