TERMS AND CONDITIONS OF USE AND SERVICE
These terms and conditions of use and service (the “General Conditions”) shall govern relations between:
LITTLE BIG CONNECTION SAS, a company with a capital of € 18,000 registered with the Paris Trade and Companies Register under SIRET number 79356975700016, whose registered office is at 28 rue Jacques Ibert, 92300 Levallois Perret, represented by M. Julien Clouet, in his capacity as Managing Director, duly authorized hereunder, acting in the name and on behalf of LITTLE BIG CONNECTIONSAS, operator of the website www.littlebigconnection.com
Of the one part
Users of the website referred under the domain name www.littlebigconnection.com
Hereinafter “the Member” or “Members”,
Who can also use the site as “Client Provider”-or “Beneficiary Client”
Of the other part
Hereinafter referred to individually and collectively as “THE PARTIES”.
1 – LBC and its digital platform together constitute a marketplace and a place of intermediation
LBC is also a software solutions provider, offering its users management tools to simplify their relationships with subcontractors as well as technical support services.
As part of its activities, LBC thus proposes to bring together Professional “Providers”, possessing specific skills and “Clients-Beneficiaries-professionals” that need external expertise.
2 – Thanks to the LBC Site (www.littlebigconnection.com), Beneficiary Clients and Providers, can enter into a relationship and benefit from various services aimed at facilitating their commercial relations (the list of services offered by LBC to its co-contractors can be consulted in Sheet 2).
The site offers three main features:
- Professional social networking functionality;
- An integrated management software package functionality (hereinafter referred to as the “ERP“);
- A marketplace feature.
3 – Access to the platform’s functionalities and consultation of invitations to tender presupposes that the Member accepts without reservation:
- The General conditions of use and service (appendix 1).
- The Information Technology Charter (Appendix 3).
4 – Any response to a call for tenders on the platform entails formalizing a Commercial Intermediation Contract and any contractual agreement between Client-Provider and Client Beneficiary, in the presence of LBC, and endorsing engagement Contracts (Annex 4) and Purchase Orders (BDC), which constitute a contractual whole binding the parties.
5 – Ratification of this agreement and its annexes shall be done electronically under the conditions provided for in articles 1125 et seq. of the French Civil Code.
Description of the three features offered by LBC services
1.1 Social network functionality
1.1.1 The social network is a feature reserved to its members and restricted to the general public through which its members can in particular come into contact, share with specialized groups, voice opinions and get connected. The features described herein are subject to change.
1.1.2 The Site makes it possible for Client-Providers and Client-Beneficiaries belonging to the same industry to connect to one another. By registering on the platform, the Member enters into a contract with LBC. This contract applies to the Internet platform and other sites, applications, communications and services related to LBC, and offered in application of the various functionalities offered by LBC.
1.2 The ERP Management Feature
1.2.1 Through its Members, LBC makes available to Companies that wishing to reply to RFPs, a software and technical infrastructure designed to manage their teams and their Assignments.
This involves an organizational support allowing, under certain conditions, for the automated management of staff processes, documents and services (orders, invoices, etc.) for both the Client-Provider and the Client-Beneficiary:
- Feature for Clients Providers: The ERP management service for Client Service Providers makes it possible to reply to a RFP and to manage service providers for one or more clients;
- Feature for Client beneficiaries: The ERP client management service allows the Corporate Profiles linked to the company and based on the rights they have been granted, to manage the following specific elements to Client companies.
1.2.2 To be able to use the ERP management functionality, Members must have their own profile, which they must link to the Client-Provider or Client-Beneficiary that has duly authorized them, hereinafter referred to as “The Corporate Profile“.
12.3. The company is not a Member; its corporate profile only exists through the individual profiles of the members that have the capacity and authority to represent it.
Profiles are classified according to the following categories:
User Profile as Client Beneficiary
- Project Manager (in charge of a team of several Client-Providers)
- Buyer (in charge of purchasing a portfolio of services)
- Purchasing Director (Head of a purchasing team):
User Profile as Client Provider
- Consulting Engineer: Employee or self-employed person working for an IT services company or consulting firm operating in the IT industry
- Sales Manager: Business Engineer, Senior Manager
- Manager or legal representative of an IT services company or consulting firm operating in the IT industry
- Freelance: Self-employed or Sole Proprietor
- Salaried employee paid by a wage management company
1.3 Marketplace functionality
1.3.1 Editorial, web-posting services, and filing bids in response to RFPs
184.108.40.206 LBC provides the Client-Provider and the Client-Beneficiary with a software and technical infrastructure to connect them professionally and acts as a mission facilitator.
- Client Provider feature: The market place service makes it possible to consult, respond to RFP and offer new skills;
- Client beneficiary feature: The market place service allows for the editing and posting on line of requests for proposals for the performance of assignments (hereinafter referred to as “RFP“)
220.127.116.11 Access to these services is free for both the Client-Provider and the Client-Beneficiary and requires prior acceptance of the Sales Intermediation Agreement. The conditions for opening business accounts are defined in the said agreement.
18.104.22.168 If the Client-Provider responds to a RFP published by a Client-Provider and if that Client-Provider is selected by both the Client Beneficiary and LBC, the Client-Provider shall undertake to perform the Service in accordance with the terms and conditions stipulated in the RFP and in the Engagement Contract/Order Form.
1.3.2 Contractual services
22.214.171.124 Contractual services allow the parties, when the provider has not been approved (Client-Beneficiary and Client-Provider) to formalize their agreement as to the assignment described in the RFP. According to the options subscribed by the Provider and the Client-Beneficiary, LBC may be tasked with of all or part of these administrative procedures when the Client-Provider has already been approved and listed. The pricing and details of the various services offered by LBC are available in data sheet 2 entitled “pricing of commercial offers” and are available on request from LBC, if sent to the following e-mail address: firstname.lastname@example.org.
126.96.36.199 The contractualisation service is accessible to Client-Providers once the following steps have been completed:
- Final approval of the Client-Provider’s reply by the Client Beneficiary;
- Ratification of the assignment contract by the Client Beneficiary;
- Verification and approval by LBC of the documents from the Client-Provider downloaded in its corporate area on the Site;
- Verification and approval of the signatory’s capacity to legally commit the company;
- Issuance of LBC’s order form to the Client-Provider.
2. Signing up for the service
2.1 Membership status
2.1.1. Signing up for LBC services shall confer Membership status on the User. To become a Member, the User must be at least 16 years of age (in the event that the law requires it to be older, the minimum age would then be that stipulated by the law). Parental consent is required for LBC to provide its Services to minors. Certain features may be accessed as a visitor.
2.1.2. Given the nature and purpose of the Site and Services, the Member must also act as a professional, for purposes of its professional activity and undertakes to use the Site and Services for exclusively professional purposes. This prerequisite is of the essence of the present Agreement.
2.1.3. Each member has been assigned an individual Client-Provider or Client-Beneficiary profile linked to the profile of an existing company or one established by that member.
2.1.4. By creating a Corporate Profile, the Member acknowledges having the right to act accordingly and the power to represent said company. If the member chooses not to be linked to a company or to leave the company to which his profile is linked, it shall only have access to the social network features of the site. The member can change the company to which it linked is, depending on career moves and by modifying the parameters of his/her account.
2.2 Prior mandatory enrollment for access to the service
2.2.1. In order to benefit from the Service, the Member must first register either using his professional account accepted by the LinkedIn-type platform or completing the registration form, accessible online on the Site (hereinafter “The Form“). By completing this Form, the Member confirms that it has read these terms and Conditions and agrees to abide by them without reservation.
2.2.2. The registration of the Member shall become effective once their professional e-mail address has been approved by LBC. Once registered on the site, Members are asked to complete their individual professional profile.
Registration using the Linkedin or Google profile is done via a connection such as https://www.linkedin.com to request permission to import profile data.
2.2.3 Members shall undertake to:
- Provide accurate, truthful, current and complete information,
- Update their data regularly,
- Not usurp the LinkedIn or Google profile and generally the identity of another person,
- Select a strong and secure password;
- Protect the security and confidentiality of their password;
- Not allow a third party to use their own account, thereby running the risk of compromising the security of their personal account and that of the site
2.2.4. Members may at any time make changes to their data by clicking on the link “My account” or by modifying “My profile”.
2.2.5. If the Member provides false, inaccurate, outdated or incomplete data, LBC shall be entitled to suspend the account, terminate the contract and refuse, in the future, access to all or part of the Service, under the conditions provided in Article 6 hereof.
If the Member has infringed applicable laws, particularly criminal laws, or those aimed at protecting the rights of a third party, or if his/her conduct has harmed the interests of any person, including LBC, or use of the Service by another Member, LBC shall be entitled to suspend or terminate the contract and his/her account, without notice, and to refuse him/her future access to all or part of the Service, under the conditions set out in Article 6 hereof.
LBC shall under no circumstances be liable to users or third parties for any errors, omissions or inaccuracies in the information provided by a Member.
2.3 Member account
2.3.1 Members undertake to create only one account matching their Client-Provider or Client-Beneficiary profile.
The member’s profile shall include the Following: assignments, skills, training, mobility and publications.
LBC makes every effort to ensure the accuracy of the profiles; however, LBC cannot vouch for the accuracy of the information or documents.
2.3.2 Each Member shall receive, as part of the registration process, at the e-mail address provided by him/her at the time of registration, an e-mail for the purpose of activating his/her account. The Service will only be fully accessible once the Member has completed the activation process indicated in the email.
The login and password chosen by the Member at the time of registration allow access to the Service. These data are confidential and are kept in the form of encrypted data by LBC. In case of loss his/her access codes, the member will have his/her account reactivated with a new password.
2.3.3. Members undertake to inform LBC immediately of any unauthorized use of their account, and of any breach of confidentiality and security of their means of identification, by using the online chat system available on the Site by sending an electronic message to: email@example.com.
If LBC has legitimate grounds to believe that the security of the Service has been compromised or that it is being misused owing to unauthorized use of the Member’s means of identification, it may temporarily suspend the account in order to preserve Site integrity and the data and, if appropriate, require a change in these means of identification.
2.3.4. The Member is solely responsible for any use that may be made of his/her login and password, and the sole guarantor of their confidentiality, as well as for any use of his/her account, including caused by neglect.
In no event shall LBC be liable for any loss or damage resulting from the Member’s failure to comply with his/her obligations under this Article.
2.3.5. LBC reserves the right to deactivate the Member’s account at the end of a prolonged period of total inactivity equal to or greater than thirty-six (36) months. The member will be informed by e-mail. However, the Member shall have the option to reactivate his/her account within thirty (30) days of its being suspended.
In the event of the Member’s death, and upon production of the relevant supporting documents, the account will be de-activated. Its content may only be transmitted to assignees by court order.
LBC undertakes not to retain personal data beyond the time necessary to achieve the purpose for which they were collected.
2.4 Use of services
- The member undertakes in particular to respect the following rules:
- Provide accurate information when registering and using the Site;
- Not to use a false identity to deceive others;
- To comply with applicable laws and respect the rights of third parties, as well as these contractual stipulations;
- Use the Site in a fair manner, in accordance with his/her exclusively professional purpose, and in accordance with the legal and regulatory provisions and uses in force;
- Respect the intellectual property rights to the content provided by LBC and other Members, as well as the intellectual property rights of third parties; consequently, each Member is prohibited from reproducing and/or communicating to the public, via the Site, one or more contents without the authorization of the holders of rights to such content, when required;
- Not to repurpose or attempt to repurpose any of the features of the Site or divert them from their normal use as defined herein;
- Not to imitate TCP IP protocols or any part of the header or publication data on a forum;
- Not to reverse engineer or decompile web pages;
- Not to use, to browse the Site and use the Service, robot software or any other equivalent automated process or tool or data exploration system (e.g. Data Mining) and in particular not to vacuum the profiles of members;
- Undertake to communicate to LBC and to other Members only information the dissemination of which he/she considers may in no case be prejudicial to himself/herself, to other Members, to LBC or to third parties;
- Refrain from disseminating information or content that does not reflect reality;
- Not to denigrate a competing member;
- Not to disseminate any data, information or content that is defamatory, abusive, obscene, offensive, violent or conducive to violence, a political, racist or xenophobic, and in general any content that contravenes to the laws and regulations in force or social mores;
- Not to disseminate any data, information or content that has the effect of diminishing, disorganizing, preventing normal use of the Site, or disrupting or slowing down the normal flow of communications between Members;
- Not to use the Service to send unsolicited bulk messages (advertising or other);
- Not to collect information on third parties, including electronic addresses, in order to use them for sending commercial or equivalent solicitations, or to integrate them within a referencing service or equivalent, free or paid, or to engage in competitive intelligence;
- Not to offer to collect memberships or to register on a list by requiring payment of any consideration and expecting financial gain from an increase in the number of persons recruited or registered rather than from the sale, supply or use of goods or services;
- Not to use the Site for recruitment purposes, directly or indirectly, or to contract directly with Client-Providers or Client-Beneficiaries;
- Refrain from participating directly or indirectly in the establishment or development of a network aimed at implementing practices similar to network sales, recruiting members, setting up a network of temporary workers or other similar practices;
- Not to attempt to interfere with the service provided to any user, host or network, including by downloading computer viruses, overloading, flooding, spamming, mail bombing or crashing.
2.4.2 In the event of a Member’s breach of one or more of these rules, LBC reserves the right to suspend and/or unilaterally terminate the Contract, block the Member’s account(s) concerned, automatically delete the disputed messages, prevent the publication of all or part of the Member’s profile, and/or block its access to all or part of the Service, temporarily or permanently, without any consideration.
LBC reserves the right to take civil and criminal action in the event of a breach of system or network security.
Members may report conduct or content on the Site that is manifestly contrary to the above rules, including, but not limited to, any offence that constitutes an advocacy of crimes against humanity, incitement to racial hatred, child pornography, incitement to violence, or violation of human dignity, or illegal gambling activities, by describing this as precisely as possible and writing to firstname.lastname@example.org
Members are, nevertheless, informed that any abusive reporting may himself/herself be sanctioned in accordance with applicable regulations.
2.5 Vulnerability testing by a member
2.5.1. LBC does not object to responsible search for vulnerabilities being undertaken on the Site, nor to the testing of any security gaps in the site’s systems
2.5.2. LBC shall not take legal action against persons who perform or attempt to perform a Vulnerability Test, provided that such tests are performed only against data belonging to them on the Site. Any Vulnerability Testing performed on data other than their own will be considered abusive and harmful to LBC.
The authors of these tests will be able to inform LBC confidentially of the details of the suspected vulnerability by sending an email to email@example.com. The information provided to LBC under this article shall not give rise to any compensation.
3. Areas for sharing and communicating
The Site offers communication and sharing areas, classified according to various headings, likely to evolve with the Site.
However, should LBC be duly informed that content that is clearly illegal or unrelated to a professional exchange is posted on the Site, LBC may be required to delete it without prior notification from it to the Member that provided the said content.
LBC cannot be held liable for the non-receipt of messages sent from one member to another. The member is invited to make personal backups of the content of discussions exchanged in e-mails.
4. Confidentiality and personal data
4.1. LBC undertakes, as part of its activities and in accordance with the legislation and regulations in force, to ensure the protection, confidentiality and security of the personal data of Members and Users of its services, as well as to respect their privacy.
4.2. Only personal data strictly necessary for purposes of processing are collected from Members, namely:
- Surname, first name,
- Skills, professional experience,
- Resumé data,
- Link to the LinkedIn profile
These data and the way they are processed are detailed following these Terms and conditions of Use in the document detailing the measures taken to be in compliance with the GDPR.
The requested data are marked mandatory or optional on the Form for each collection field. Please note that on-site registration shall only be validated if the required fields are completed.
The details regarding the collection of personal data are provided in the document relating to personal data following these Terms and Conditions of Use, which can be downloaded at any time by the Member.
LBC ensures that each Member retains control over such personal data to the extent possible and has expressly agreed that LBC may collect, process and retain his/her personal data.
Nevertheless, should a Company creates a Profile for one of these employees on the LBC platform, this Company warrants to have obtained, beforehand, the express consent of the employee as to the use of his/her personal data, as part of an application or a service carried out on the platform. The company shall, at LBC’s request, provide an up-to-date list of consents from staff that have become Members of the platform.
4.3. Members’ personal data are used for the following purposes:
- Provide the Member with customized and relevant services and functionalities;
- Allow the Member to share information and get in contact with other members;
- Allow the Member to manage his/her account;
- Inform about the existence or upgrade of products and services;
- Ensure the proper operation and use of the Site by improving its services;
- Communicate with the user with the aim of developing its activities on the platform.
4.4 In addition to Platform Members and Companies to which a User is affiliated, personal data may be retrieved and processed by LBC’s authorized personnel, as part of the proper management of the Platform and the aforementioned purposes.
LBC reserves the right to share all previously detailed personal data and information with subsidiaries related to the Group to which it belongs.
LBC reserves the right to transmit certain data to its partners located in France or within the EU, for example as part of the use of third-party accounting processing services or the automatic sending of invoices by post.
LBC does not sell or rent Members’ personal data to third parties for commercial purposes.
Furthermore, LBC does not disclose Members’ personal data to third parties without their consent, subject to:
- Disclosure of the public profile of each Member, in accordance with the parameters defined by it as well as the purpose of the Site and the Service,
- Cases where disclosure of such data is required by the regulations in force, in particular at the request of judicial authorities.
4.5. In accordance with the provisions of the legislation and regulations in force, all Members enjoy the rights to their personal data and to the processing carried out by LBC.
- Thus, each Member proving his/her identity may at any time:
- Obtain communication by LBC in an accessible form (pdf), personal data concerning them;
- Obtain the rectification and updating of inaccurate personal data about it.
- Members with access to their profile at d´un may modify certain data;
- Oppose, on justified grounds, the processing of his/her data;
- Obtain that the processing of his/her data be limited
- Modify or delete data that have been made publicly available via his/her profile;
- Decide to remove the link to his/her LinkedIn connect or Google connect profile or other business network;
- Check the publications it wishes to see published on the site;
- Change his/her preferences, so as to control the visibility of his/her public profile;
- Delete his/her account.
The Member can exercise these rights by writing to the following e-mail address: firstname.lastname@example.org or by contacting our support service via a live chat.
However, LBC may oppose manifestly abusive requests, as evidenced by their number and repetitive or systematic nature. LBC shall bear the burden of proving that the requests are manifestly unreasonable.
5. Intellectual property
5.1 License for use of the site and services
LBC is the owner of the Site, both in terms of its technical and graphic components, whether textual or otherwise, subject only to the content provided by the Members themselves, and advertising provided by third parties. In particular, the Site and the Service are provided by means of software and databases designed and developed by LBC, which belong to it or to which it holds intellectual property rights.
The content posted on line on the Site by LBC also belongs to the latter, subject to the reserves specified above. LBC is therefore the sole owner of all intellectual property rights to the Service, the Site, its content and the software and databases that permit its operation; use of the Site and the Service does not give the Member any right to any of these components, subject to the rights relating to content provided by the Members themselves and to advertising provided by third parties.
The content includes the code, ergonomics and partial or non partial gathering of its elements, texts, graphics, images, computer graphics, names, slogans, logos and trademarks, registered or not, present on the Site, which are the exclusive property of LBC (unless otherwise indicated) and constitute works within the meaning of Article L 112-1 of the Intellectual Property Code and are protected by French and international laws in force in this area.
Any reproduction, representation, disclosure, adaptation, translation, modification, in whole or in part, or transfer to another site, even free of charge, on any medium or process whatsoever, is forbidden without the prior written consent of LBC.
The same applies to any link to the Site, any commercial use, even partial, of the data presented on the Site, which may not be made without the prior written consent of LBC.
By accepting these Terms and Conditions, the Member acknowledges LBC’s intellectual property rights, as listed above, and undertakes to respect them.
5.2 License to use the contents posted on line by members
In order to provide the Service and in accordance with the purpose of the Site, the Member grants LBC a non-exclusive license to use the content and the data in his/her profile that he/she will incorporate and/or put online via the Site.
The Member warrants to LBC that the data, information or content(s) in question comply with the law and do not infringe the rights of others.
LBC shall not acquire any ownership rights to the data, information and/or content provided by Members. By publishing his/her data, information and/or content on the Site, each Member accepts that:
- Profile data and information shall be made available on the said Site and accessible to other Members and third parties, in accordance with the personal parameters registered by each Member in the “Preferences” section of his/her profile and account. Consequently, each Member authorizes other Members to retrieve his/her personal data thus made accessible via his/her profile and to use them to get in touch. It expressly accepts this use of his/her profile, which is the very essence of the Site and the Service.
- The data and information about the company of which it is the authorized representative shall be consulted and accessible to other members as part of the use of market place functionalities for RFPs and contractualisation.
- For the sole purpose of performing the Service, the Member authorizes LBC to reproduce, represent, adapt and translate the content and data provided by him/her via the Site, under the conditions hereinafter defined:
- LBC is authorized to reproduce all or part of the content provided by the Member on any current or future digital recording medium, and in particular, without this list being exhaustive, on any server, hard disk, removable or not, memory card, or any other equivalent medium, in any format and by any known and unknown process to date, to the extent necessary for any storage, backup, transmission or download operation required to run the Site and provide the Service.
- LBC is authorized to adapt and translate the content posted by Members, and to reproduce such adaptations on any current or future digital medium stipulated above, for the purpose of providing the Service, in particular in different languages. This right includes the right to modify the layout of its content in order to respect the graphic charter of the Site and/or to make it compatible with its technical capabilities or relevant formats, for insertion and/or publication via the Site.
The purpose of this authorization is to enable LBC to distribute the Members’ content and data via a digital network and any communication protocol, in particular the Internet, and to make them available to the public, in such a way that any person can access them from any place and at any time, via the Site, in accordance with the parameters set by each Member.
This license is granted worldwide and for the duration of the Agreement entered into between the Member and LBC.
In the event of a manifest infringement of intellectual property rights on the Site, anyone having an interest in ensuring that his/her right is preserved is asked to report this infringement to LBC, by writing to email@example.com
6.1 Member’s responsibilities
6.1.1 All hardware and software necessary to access the Site and use the Service remain the sole responsibility of the Member. It is his/her responsibility to take all appropriate measures to protect his/her own data, computer systems and/or software from contamination by possible viruses.
6.1.2 The use of information, messages or data of any nature available through the Service is the sole responsibility of the Member, and the decisions or actions that the Member may take or carry out on the basis of such information shall not render liable anyone else but the Member. In particular, the Member is solely responsible for his/her decision to reply to an RFP, or to take out one of the Subscriptions offered by LBC, if any.
LBC recalls that the site is a Professional site and that, on this account, Members cannot be released from their duty of vigilance and due diligence in respect of the labor law and in particular of their obligation to check the truthfulness of documents relating to the company and its employees.
6.1.3 The Member is solely responsible for his/her use of the Service and the Site, and more generally for any use or transaction made using his/her account and profile.
The Member is responsible for all data and information concerning him/her that he/she has put online as well as any content that he/she has provided, whether that data, or content is accessible and/or transmitted to the public via one of the communication or exchange areas of the Site or addressed to anyone by e-mail, or whether he/she stored in his/her personal area within the Site.
The Member acknowledges that LBC does not exercise a priori control over the said content and data posted on-line and that he/she has no general obligation to monitor the data and content disseminated by Members via the Site.
The Member is solely liable to LBC and, where applicable, to any third party, for any damage, direct or indirect, of any nature whatsoever, caused by information or any other content communicated, transmitted or broadcast by the Member in connection with the use of the Service, as well as for any breach whatsoever on his/her part of this Contract.
The Member agrees to comply with any action taken by LBC under applicable law.
6.2 LBC’s Responsibility
LBC undertakes to provide the Service in accordance with these Terms and Conditions.
LBC does not intend to verify the information provided by the member and accepts no responsibility for the inaccuracy, inadequacy or illegality of such information.
However, LBC undertakes, in accordance with its legal obligations, to exercise due diligence, in particular, in checking the existence and authenticity of the documents relating to the companies of the Client-Providers and clients in the event of an Order Form being issued and a contract being entered into solely through LBC.
In no event shall LBC be liable for any data, information and/or content (the “Information”) provided by a Member, for the lack of truthfulness of such information, any errors or omissions therein, or any damages arising out of the use of any Content provided by a Member, posted or transmitted by electronic mail or otherwise via the Site.
LBC is a technical intermediary and as such has no general prior obligation to monitor information provided by members nor any obligation to remove content that does not appear manifestly illegal or falsified; however, LBC undertakes to take into consideration any alert or report on such content
LBC has no obligation to achieve results with regard to requests, negotiations or the contractual delivery of outsourcing services via the various functionalities provided by social networks, ERP and the marketplace of the website.
LBC cannot, under any circumstances, be held responsible for any consequences that may arise during or after meetings or contacts between several members as a result of the use of the site and services.
Because the site is dependent on the Internet, access to it may be interrupted or restricted at any time by a cause unrelated to LBC; In this case, LBC’s liability shall not be sought. Nor can LBC be held liable in the event of interruption of access to the site due to technical maintenance, updating or improvement operations, or any upgrade of its content. or a change to its content or presentation, as long as such interruptions are reported and do not exceed the customary duration in this matter; in addition, LBC may temporarily or permanently suspend access to the site and services, in particular in the event of termination by it of the activity in question, or in the event of a judicial or voluntary liquidation of the company; in the latter cases, the contract will be terminated automatically.
LBC reserves the right, at any time and without notice, to modify any information on the site as part of its updating or correcting errors.
In the event that LBC adds hypertext links to the site, LBC cannot be held responsible for the content of third-party websites to which said links refer.
To the fullest extent permitted by applicable law and to the extent that LBC is found liable for any damages not provided for above, LBC’s liability shall be limited to undisputable, actual and established damages.
To the fullest extent permitted by law, in no event shall LBC be liable for any indirect damages, lost profits or business interruption caused by the use or inability to use the site, service or content, whether based on warranty, contract, tort or any other legal theory and whether or not LBC is advised of the possibility of such damages.
7. Minimum technical Configuration required
The Member acknowledges having the necessary skills and means to access and use the Site. Access to the Site and its use require a basic Internet access configuration.
To this effect, the Member acknowledges having verified that the computer configuration at his/her disposal is adequate, contains no viruses and is in proper working order.
The equipment (computer, mobile phone, software, telecommunications means, etc.) allowing access to the Site and the Service is the exclusive responsibility of the Member, and the telecommunications costs incurred when using it shall be borne by it.
If one of the provisions of these Terms and Conditions is null and void with regard to a rule of law in force or a judicial decision that has become final, only the provision in question would be deemed unwritten without affecting the validity of the General Conditions.
9. Duration and Termination
The Agreement is entered into for an indefinite period as from the Member’s acceptance of its Terms and Conditions.
Each Member may also have the possibility of taking out one or more paid Subscriptions offered by LBC for the fixed term corresponding to each Subscription as defined in the corresponding Subscription Form, as from his/her acceptance of the General Terms and Conditions of Sale of the Subscription offer.
As of right, LBC may immediately suspend access to the Site and the Service, in the event of non-compliance with these General Conditions by the Member. In this case, LBC will notify the Member of the suspension by e-mail, and will give notice to put an end to the violation. At the end of a period of eight (8) days as from this notification which has remained without effect, LBC may terminate the Contract by operation of law, without formality and subject to the damages to which it may claim compensation for the loss resulting for it from this situation; due to its cause (non-compliance by the Member), this termination shall not entail the reimbursement of the sums already paid by the Member under any Intermediation contracts between Provider and Beneficiary, or any engagement Agreement.
It is further recalled that, in the event of a manifest breach of the applicable regulations or obligations incumbent on Member in Article II hereof, LBC may suspend access to the content in question and/or delete the Member’s account and terminate the Agreement, without prior notice.
The Member may terminate the contractual relationship at any time by following the procedure provided for this purpose and hereafter in these General Conditions.
9.2.1 The Member may at any time cancel his/her registration with the Site by following the procedure provided for this purpose and described below:
– Log in to the Site and enter your email address to identify yourself;
– At the top right of the page, click on the “My Account” link;
– Then in Settings, click on “Delete my account”,
– Confirm the deletion of your profile.
Upon termination, the member shall lose the right to access or use the Services. The effects and conditions of termination for the Client-Provider and the Client-Beneficiary are set out in Article 11 of the Commercial Intermediation Contract and engagement Agreements respectively concluded.
If the Member has taken out one or more paid Subscriptions, the cancellation will be effective under the conditions provided for in the General Terms and Conditions of Sale of the Subscription.
Within forty-eight hours following this deregistration, the Member’s account will be deactivated. Provided that this does not affect the performance of the Commercial Intermediation Contract and the ongoing engagement Agreements Contracts, the Agreement shall be terminated and the Member shall no longer have access to the Site or the Service. He/she can, however, make a request to have his/her account reactivated at firstname.lastname@example.org., during 30 days at the end of which deregistration shall be final.
Members may also request the deletion of their account by writing to email@example.com or Little Big Connection, at 28 rue Jacques Ibert, 92300 Levallois Perret.
9.2.2 Cancellation of Orders is subject to the contractual provisions previously accepted by the Client-Provider and the Client-Beneficiary (The Commercial Intermediation Contract, the engagement Agreement, the RFP, the Order Form). The data necessary for the preparation of documents shall be kept by LBC for the entire legal period indicated in article 4.3.
10. Agreement on evidence
The Member and LBC agree that LBC’s computer systems and files shall take precedence for them.
Consequently, the computer files and registers stored within the computer systems operated by LBC or on its behalf under reasonable conditions of security and reliability, may be validly used and produced as proof of the performance of the Contract, and more generally of any event, communication or relationship between the Parties arising from the Member’s use of the Site.
Thus, LBC may validly produce as part of any procedure, for the purposes of proof of any act, fact or omission, the data, files, programs, recordings or other elements, received, issued or stored by means of the aforementioned computer systems, on all digital or analog media, and rely on them, except in the case of an obvious mistake.
11. Amendments to the General Conditions
These Terms and Conditions may be amended by LBC at any time without notice. The last updated date will be mentioned at the beginning of the General Conditions and on the home page of the Site. The Member is therefore required to regularly consult their latest version, available to all and permanently accessible on the home page of the Site, by clicking the link “General Terms & Conditions”.
The Member acknowledges that the contact email addresses provided by him/her constitute the means for sending any notification (legal, for example).
12. Governing law-court of-jurisdiction
The conclusion, interpretation and validity of these General Conditions are governed by French law.
If the contractual documents have been translated into a foreign language, and should a dispute arise, the French version shall prevail.
In the event of a dispute arising between the Parties as a result of the execution or interpretation of these provisions, the Parties agree, prior to any legal action, to seek an amicable solution.
Should the amicable settlement fail, express jurisdictional authority shall be assigned to the Commercial Court of Paris, notwithstanding the introduction of several defendants or warranty claims, including urgent or protective urgent or on-demand proceedings.
PROCESSING OF USER’S PERSONAL AND PROFESSIONAL DATA
Table of contents :
Consent: any free, specific, informed and unequivocal expression of will by which the data subject accepts, by a statement or clear positive act, that personal data concerning him or her may be processed.
Data Controller: the natural or legal person, department or other body which, alone or jointly with others, determines the purposes and means for the processing of data
Employee: any salaried staff of the entity setting up a User account.
Little Big Connection (LBC): platform intended for key account clients enabling them to enter into relationships with SMEs and freelance consultants, with a view to carrying out projects that require a certain skills set
Personal data: any information relating to an identified or identifiable natural person. An “identifiable natural person” is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, identification number, location data, online login or user name, or to one or more specific elements to his/her physical, physiological, genetic, mental, economic, cultural or social identity.
Processing: any operation or set of operations, whether or not performed, using automated processes and applied to personal data or data sets, such as collection, recording, organization, storage, retention, modification, retrieval or consultation.
RGPD: General Regulation on Data Protection, namely, European Parliament and Council Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and to the free movement of such data.
User: the natural or legal person registered on the platform through a representative and using the services made available to it.
On 25 May 2018, a new European regulation, called the RGPD, came into force concerning the protection of individuals with regard to the processing of personal data by legal or natural persons.
Little Big Connection undertakes, when conducting its activities, and in accordance with the legislation in force, to ensure the protection, confidentiality and security of the personal data of Users of its services, as well as to respect their privacy.
This document describes the provisions that LBC is committed to implementing to meet data protection requirements. In particular, Grizli777 defines the organization that will be set up, the methodology to be followed to manage project security and the technical, organizational and procedural measures that will be implemented.
3.1 Data related to User profile – Personal data
The User profile data are considered, by default, personal data.
These data are as follows:
- User profile parameters (e.g.: surname, first name, contacts…)
- The User’s LBC digital CV
- References to assignments mentioned on the CV concerning the User
- All recommendations entered by the User
- All User recommendations
3.2 Data produced by the User acting in a professional capacity
Data can be produced on the platform by a User affiliated to a company, as part of its professional activity.
These data are:
- Company: all company configurations produced by the User
- Employees: employee invitations
- Requests for proposals: product bids
- Project Ratings and Comments
For more details, you can consult the document dealing with the reversibility of company data.
4.1 Purpose and modes of processing of User profile data – Personal data
The personal data of the User’s profile, when not affiliated with a company, can be made visible in a public way, should it decide to communicate the URL of his LBC profile to a third party. The sole purpose of the processing, after their retrieval, is to recruit and assign people to one or more future projects.
In addition, for statistical reasons as well as for better management and use of the platform, the personal data of the User, including his/her skills, may be utilized
Finally, the data can be used for communicating with the User so as to better understand the platform’s features (tutorials, alerts…) and to also offer targeted communication via a newsletter.
4.2 Processing of data produced by the User as Employee
Where the User is affiliated to a company, many processing operations will be carried out on his/her data. Such processing is based on the functionalities of the Little Big Connection tool that the User’s company wished to use on the basis of a clear and predefined contract. Thus, the said contract needs to be read.
Agreements signed between the parties cover the management and use of this data, and in particular, and not exhaustively, the management of the client’s account, the identification and authentication of the client or user and communication with the client (technical and sales support, etc.).
4.3 Data recipient
In addition to the members of the platform and the companies with which a User is affiliated, personal data may be consulted and processed by LBC’s duly authorized personnel, as part of the proper management of the platform and for the aforementioned purposes. A system of traceability of the latter’s actions has been set up in order to guarantee data protection.
It must be emphasized that LBC does not sell or rent User personal data to third parties for commercial purposes.
Following a subpoena, court decision, warrant, court order or any other regulations LBC may be required to disclose personal data and other related information, if necessary. LBC may also choose to exercise and assert its rights in court against any legal action.
4.4 Length of data retention
- Little Big Connection shall keep the data only for as long as necessary to fulfill the purposes mentioned above or to meet legal obligations.
- It is advisable to specify that after a period of three years of inactivity on the platform from the date of user enrollment, the User will be sent an e-mail proposing to keep his/her profile on the platform or delete it. After three unsuccessful reminders on the part of LBC, the account will be automatically deactivated.
5.1 Data security
Little Big Connection is concerned about the protection of personal data and commits to ensuring the highest level of protection of personal data in accordance with legal obligations and the RGPD
LBC has therefore defined technical and organizational measures to protect data appropriately according to their nature, the extent to which they are to be processed and are accessible. That can involve data anonymization, access rights management, secure flows, etc.
5.2 Rights of Users
The User shall benefit from rights relating to his/her personal data and to the processing carried out by LBC. The User can, thus, at any time request that it be granted access to personal data in order to have them corrected or deleted (insofar as this does not prevent the proper execution of the contract or compliance with the legal obligations of LBC) and it can oppose one or more data processing methods, under the conditions provided by the Regulation.
The User may also file a complaint with the supervising authority in charge of monitoring compliance with obligations regarding personal data.
The User can exercise these rights by writing to the following e-mail address: firstname.lastname@example.org. All requests must be accompanied by a photocopy of an ID card as proof of identity.
Concerning the right to correct data, the User shall have free access to his/her profile on the platform and can thus modify certain data. It is important that the information provided to LBC be accurate and up-to-date.
As previously mentioned, the User has a right to be “automatically” forgotten if it has remained inactive on the platform for a period three years from the date of enrollment.
(See 3.4 “Length of data retention”).
As concerns self-employed profiles such as “freelancers”, two requests must be made:
– A first request concerning their professional activity by using the reversibility application form;
– A second request for deletion of personal data.
5.3 Data protection officer
The appointment of a Data Protection Officer is “mandatory in public sector institutions, in companies that regularly and systematically monitor people on a large scale or process sensitive data on a large scale.”
Little Big Connection neither possesses nor processes any sensitive data (under RGPD/CNIL).
Nevertheless, a personal data protection officer has been appointed and may be contacted at the following e-mail address: email@example.com., thus allowing any User to obtain information on this.
LITTLE BIG CONNECTION
A French SAS company with a share capital of 18,000 €
Registered with the NANTERRE Register of Commerce under the N° 79356975700016
28 rue Jacques Ibert, 92300 Levallois Perret
Represented by Mr. Julien Clouet
+33 1 85 08 36 20
VAT FR 65793569757
Mr. Julien Clouet
8 rue de la Ville-l’Évêque 75008 Paris
+33 1 84 13 00 00