The Website www.createtalent.org including the Services as described below are provided by CREATETALENT (referred to as “CT”) which is owned and operated by DuntonTinnusConsulting, 44 Bd des Cinq Communes, 06530 Cabris, France.
These Terms and Conditions govern your use of the CT Website as defined hereunder, regardless of how you access or use it.
The following definitions apply within these Terms & Conditions as well as to our Data Privacy Statement.
“Academic Institution" means an educational institution dedicated to education and research, which grants academic degrees e.g. Universities and Business Schools that wish to enable its Students to register on the CT Website for getting access to the mentoring services offered on the CT Website.
“Corporation” means a legal entity that is interested in the mentoring services offered on the CT Website and that is willing to financially support the mentoring services and/or is looking for and wants to contact young talent in its related business area.
“CT Website", means the Internet domain address within which these Terms and Conditions are posted and all features, applications, content, and downloads that are operated by CT and that are available through or interact with it.
“Mentor” means an individual person who registers to the CT Website in order to impart wisdom to and shares knowledge with registered Students.
“Registered User” means a Student, Academic Institution, Mentor or Corporation that has subscribed on the CT Website and wishes to use the services offered on the CT Website.
“Student” means an individual person who is registered at an Academic Institution that has registered on the CT Website and who wants to have access to the mentoring services offered on the CT Website.
1. Subject Matter
1.1. CT provides mentoring services for Students and a platform for Academic Institutions, Mentors as well as Corporations to interact, attract and retain young talent. The CT Websites offers registered users mentoring services for Students and a platform for Academic Institutions as well as Corporations to interact, attract and retain young talent.
1.2. CT provides through its Website only a technical solution to its registered users such as Students, Mentors, Academic Institutions and Corporations to interact with each other. CT is not responsible for the user generated content (as defined below) that registered users post, transmit or otherwise make available on CT Website. In particular, but not limited to, CT does not represent or guarantee the truthfulness, accuracy or reliability of information or communications posted by its users on CT Websites. You acknowledge that any reliance on information posted by other users will be at your own risk.
1.3. CT is not responsible for the fulfillment of any agreements that have been entered between users of the CT Website. CT shall not be liable if users are unable to fulfill agreements in which they entered with each other.
1.4. CT informs you and you agree that CT has the right but no obligation to monitor all your activities on the CT Website. CT shall be entitled to remove any illegal or prohibited data and/or information from the CT Website without prior notice to the User. Furthermore CT reserves the right to exclude users and prevent their further access to the CT Website if User does repeatedly violate the Terms and Conditions or the law.
1.5. CT does not warrant that the operation of the CT Website will be uninterrupted or error free. Furthermore CT reserves the right to discontinue the CT Website in whole or in parts at any time for any reason. CT will inform registered users about discontinuing the CT Website via e-mail.
1.6. Any use of the services and contents on the CT Website beyond the subject matter or any other clause of these Terms and Conditions is out of scope and requires the prior written consent of CT.
2. Registration and Password
2.1. The User must register prior to using any of the services on the CT Website. Students will only be able to register on the CT Website if the Student’s Academic Institution has a valid membership on the CT Website.
2.2. It is technically impossible for CT to determine with certainty whether any user registered with the CT Website is in fact the person he or she represents to be. Therefore, CT assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user.
2.3. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration whether or not authorized by you. You agree to immediately notify CT of any unauthorized use of your registration or password.
3. User Generated Content / User Information
3.2. CT offers registered Users of the CT Website the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Website (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively" User-Generated Content"). CT may do this through forums, blogs, message boards, social networking environments, social communities, email, and other communications functionality.
3.3. You hereby grant to CT, and you agree to grant to CT, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use your User generated Content on the CT Website as well as offline Events arranged by CT for the purpose of procuring contacts between Students, Mentors, Academic Institutions and Corporations. The license includes in particular, but not limited to the right of CT to reproduce, display, publicly perform, transmit, publish, broadcast your User-Generated Content for the above mentioned purpose.
4. Acceptable Site Use / User’s Obligation
4.1 You are obliged to provide only true and non-misleading statements in the User profile, CVs and in communications with other users, and to refrain from using any pseudonyms or pen names.
4.2. Furthermore you may not use the CT Website in order to display, transmit, distribute, store material including, without limitation, User Generated Content
(a) in violation of any applicable law or regulation,
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others or
(c) that is, or may in our judgment be, defamatory, offensive, vulgar, obscene, harassing, threatening, abusive or hateful, racist, sexist, discriminatory, of a menacing character or cause annoyance, inconvenience, embarrassment or anxiety to any person.
4.3. CT Website may be used only for lawful purposes by individuals, corporations or Academic Institutions seeking contact to young talent or Mentors.
In Particular you will not:
- Post any incomplete, false or inaccurate biographical information or information which is not your own accurate CV
- Post material that is copyrighted unless you are the copyright owner or have the permission of the copyright owner to post it.
- Post material that reveals trade secrets unless you own them or have the permission of the owner
- Post any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
- Using the CT CV database for any purpose other than as networking and mentoring, including, but not limited to, using the information in the CV database to sell or promote any products or services or to source people to join a franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity requires an upfront or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
- Send unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a registered user of CT the Website.
- Delete or revise any material posted by any other registered User of the CT Website
- Disclose or share your password with any third parties or using your password for any unauthorized purpose.
- Copy or duplicate in any manner any of the CT Website Content or information available from the CT Site.
4.4. You are responsible for your own communications and are responsible for the consequences of your postings and submitted User Generated Content. That means that you shall be respectful of others' opinions and comments. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn't belong on the Website. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap.
The term of the Agreement is related to your Status on the CT Website as follows:
5.1. Academic Institutions and Corporations;
a) The Term of the Agreement is subject to the selected time period (the “Term”) by the Academic Institution or the Corporation when purchasing the Academic Institution or Corporation membership on the CT Website and will end automatically after the Term without the need of a formal termination. The minimum membership term is six month.
b) Notwithstanding the above, the Academic Institution or Corporation can terminate the Agreement and its membership in writing at any time without cause. In that case CT will only lock and delete the Academic Institutions or Corporation’s account to the CT Website, but will not refund any unused time periods of the Term,
For Mentors the Agreement and the Membership shall be valid for an indefinite time. Both parties can terminate the Agreement and the Membership at any time without cause. Mentors may deliver written notice of termination (email, letter or fax) using the contacts available on the CT Website at any time. The termination notice shall include its registered name and its email address registered on the CT Website.
a) For Students the Agreement is limited to the Term of its Academic Institution's membership to the CT Website and will end automatically with the end of its Academic Institution's Membership
b) Notwithstanding the above, Students may terminate the Agreement and the Membership at any time without cause. Students may deliver written notice of termination (email, letter or fax) using the contacts f available on the CT Website at any time. The termination notice shall include its registered name and its email address registered on the CT Website.
5.4. For all Registered Users
The right for both parties to terminate the Agreement/Membership for good cause remains unaffected.
The Fees are subject to your Status on the CT Website as follows;
6.1. Academic Institutions and Corporations
Academic Institutions and Corporations will pay the fees subject to the individual offered prices for the applicable services. Please contact email@example.com for further information.
6.2. Students and Mentors
For Students and Mentors the use of the CT Website is free of charge. This does not apply to any third party costs that may occur through accessing CT Website (e.g. Internet access fees)
7. Responsibility for the User generated Content and User Information
7.1. CT is not involved in the actual transaction between mentors and students. As a result, CT has no control over the quality, safety or legality of the Mentor offers or CV's posted, the truth or accuracy of the listings, the ability of corporate employers to offer job opportunities to students or the ability of students to fill job openings.
7.2. CT informs you, that there are risks including, but not limited to, the risk of physical harm, of dealing with strangers or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the CT Website.
7.3. Because user authentication on the Internet is difficult, CT cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the CT Website, in the event that you have a dispute with one or more users, you release CT from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the CT Website
7.4. CT makes no representations about the accuracy, reliability, completeness or timeliness of the CT Website. The use of the CT Website is at your own risk.
7.5. CT DOES NOT WARRANT THAT CT WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF CT WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CT IS NOT RESPONSIBLE FOR THOSE COSTS. THE CT WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO OUR SERVICES OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS THEREOF. CT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, WEB SITE, WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.
8.1. In the event of gross negligence or willful misconduct by CT, its managerial staff, legal representatives, or any other vicarious agents, CT shall be liable without limitation in accordance with legal provisions. The same shall also apply in case of liability pursuant to the French Product Liability Act, in case of malice, or in case of lack of assumed guarantee.
8.2. Liability for slight negligence shall be limited to contractually typical, foreseeable damages. The maximum sum for contractually typical, foreseeable damages in these cases shall be 130,000 Euros per damage case.
8.3. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CT, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON CT SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF BUSINESS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE CT WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.1. The User shall indemnify and exempt CT from all actions, including damage claims, asserted by other users or third parties against CT resulting from an infringement of their rights by the contents posted by the User on CT Website. Furthermore, the User shall indemnify and exempt CT from all actions, including damage claims, asserted by other users or third parties against CT resulting from an infringement of their rights regarding the use of the services on CT Website by the User. The User assumes all reasonable costs CT incurs due to an infringement of third party rights, including all reasonable legal defense costs. All other rights, including damage claims by CT, are hereby unaffected. The User has the right to prove that CT incurred lesser charges than claims made.
The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.
9.2. In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at CT's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of the CT Website, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by CT.
10. Data Protection
11. Final Provisions
11.1. CT reserves the right to amend these Terms and Conditions at any time, without giving reasons, unless an amendment is unreasonable to the User. CT shall give due notice of any amendments of these Terms and Conditions to the User. If the User does not object to the applicability of the revised Terms and Conditions within six (6) weeks after receipt of said notice, the amended Terms and Conditions shall be deemed to be accepted by the User. CT shall inform the User about the User's right to object and of the relevance of the objection deadline in said notice.
12.3. If any provision of these Terms and Conditions is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
12.4. These General Terms and Conditions and the contractual relationship shall be governed by French Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by French Law.
Data Privacy Statement
At www.createtalent.org, a website operated by CREATETALENT (referred to as “we” or “CT”) which is owned and operated by DuntonTinnus Consulting 44, Boulevard des Cinq Communes, 06530 Cabris, France, we respect your privacy.
All capitalized terms not defined in this Data Pricacy Statement shall have the meaning ascribed to them in the Create Talent Website General Terms and Conditions.
This Data Privacy Statement describes how we use your personal information for our services on CT Website. By accepting the Data Privacy Statement and the General Terms and Conditions for the use of the Services during registration, you authorize us to collect, store, use and disseminate your personal data in accordance with rules laid down in this Data Privacy Statement.
1. Data processing
When using CT Website and the services hereunder, you agree that we may transfer, store and process your data on our servers or servers provided by a Web Hosting Service Provider with having it’s data processing facilities inside the EU.
For the time being we have chosen 1&1 Internet AG, Elgendorfer Str. 57, 56410 Montabaur, Germany as Web Hosting Service Provider. 1und1 Internet AG or any other chosen Web Hosting Service Provider or subcontractor will only use your personal information to provide the services offered by CT in accordance with the General Terms and Conditions and within the framework provided by this Data Privacy Statement.
In order to use our services, you have to register on the CT Website. When you provide your personal information, you lose your anonymity. If you choose to provide it to us, you consent to our collection and use of your personal data in accordance with the provisions of this Regulation respecting privacy.
We may collect and store the following personal data:
- name, e-mail address, physical contact information, date of birth;
- your activities on CT Website (such as Community discussions, conversations over CT Website, correspondence on our sites, and correspondence sent to us, objects and content you generate or that are related to your account);
- the information from your interaction with our Website, services and content, including information about your computer and your connection, statistics on page views, navigation data, your IP address and information blog standard;
- other additional information that you provide (e.g. CV).
We do not sell or rent your personal information to third parties for marketing purposes without your express consent.
4. Use of Personal Information
The main purpose of collecting personal information is to provide you with the services that can be accessed through CT Website. You agree that we may use your personal information to:
- provide the services and customer support you request;
- resolve disputes, collect fees, and address problems;
- detect prohibited or illegal activities, and enforce our General Terms and Conditions;
- customize, measure and improve our services and content;
- inform you about our services
5. Disclosing of Personal Information
We may disclose your personal information to provide the services you request, to meet legal obligations, to enforce our rights in order to respond to claims related to user’s content which violates the rights of other users, or to protect the rights, property or safety of any person.
We may also disclose your personal data:
- to subcontractors (e.g. Web Hosting Providers, Subcontractors and affiliate programs) who help us in our operational activities;
- other third parties (e.g. other users of CT Website) to whom you have explicitly requested to send your data or to whom your data is sent for the purpose of the CT Website when you use a specific service (Mentors, Students, Corporations, Academic Institutions);
- judicial authorities and public in response to a verified request relating to a criminal investigation or alleged illegal activity.
Notwithstanding the foregoing, for the sake of ensuring respect for your privacy we will not share your personal information to judicial authorities, public authorities or third party, without court order or other similar legal process, unless we believe in good faith that the data transmission is necessary to avoid material losses or financial losses, or to report suspected illegal activity.
6. Information that you want on CT Website
Other users of CT Website such as Students, Mentors, Corporates or Academic Institutions can see your name, e-mail address, physical contact address and CV. Therefore other users of CT Website will be able to personally identify you and your activities on CT Website. If you access our Website from a shared computer or a computer in an Internet cafe, some of your personal data may also be visible to other people using the computer after you. On a shared computer, we recommend you sign out of CT Website and delete your cookies.
7. Using information from CT Website
You agree to use Personal Information of other user that has been disclosed to you only for:
- purposes related to services provided on CT Website and its intended purpose, which excludes unsolicited commercial messages;
- other uses for which the user gives express consent.
On request of a user you will stop contacting that user and will delete any Personal Information of that user stored on your devices.
We use "cookies" (small files placed on your hard drive) on certain of our pages to analyze the traffic on these pages and to customize our services and our content.
Some things to know about cookies:
- We offer features that are only available through cookies.
- Most cookies are "session cookies", which means they are automatically deleted from your hard drive at the end of a session.
- You still have the option to decline our cookies if your browser permits, but in this case, some of our sites and services may no longer be accessible to you.
9. Account Protection
Your password is the key to access your account and the services on CT Website. Use numbers, letters and special characters, and don’t disclose your CT Website password. If you give your password or your personal information to others, keep in mind that you are responsible for all actions taken from your account. Therefore, if the confidentiality of your password has been compromised for any reason, you must immediately notify CT and change your password.
10. Right to access and rectify your personal data
You can view and edit most of the information we store at any time in your CT Website user account.
Generally, we will not change your personal data manually because it is very difficult to verify your identity remotely. You must promptly update your personal data if it changes or it is incorrect. On your request we will close your account and remove your personal data in the public part of the CT Website as quickly as possible, according to the activities of your account and in accordance with applicable law. However, we maintain in our systems personal information from closed accounts in order to comply with the law, prevent fraud, to resolve any dispute, to resolve problems, to cooperate in any investigation or to enforce our General Terms and Conditions.
Your data is stored on our servers in the European Union. We take reasonable measures to protect your data from unauthorized access or unauthorized disclosure (e.g. encryption, passwords, physical security, etc.). However, as you probably know, third parties may intercept private communications or mailings or illegally access to servers and other users may abuse or inappropriate use of your personal data collected on the CT Website. Therefore, although we make reasonable effort to ensure your privacy, we cannot guarantee that your personal data or private communications will always remain anonymous.
12. Third Parties
Unless otherwise specified in this Data Protection Statement it applies only to the use and disclosure of information we collect from you. If you provide your information to others, whether Mentors, Students, Corporations or Academic Institutions different rules may apply regarding the use or disclosure of information that you provide. CT has no control over the policies of third parties in respect of privacy, and you are subject to the regulations of these third parties. We encourage you to ask questions before disclosing your personal data to others.
We reserve the right to amend this Data Protection Statement Rules in respect of privacy at any time by posting the amended terms on this site. All changes will take effect after a period of 30 days after they are posted. In addition, we will notify you through e-mail to the address you register with CT Website. If you want your Personal Information being deleted from the public area of CT Website you can contact us by writing an email to firstname.lastname@example.org.
This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses "cookies", text files that are stored on your computer and allow an analysis of the use of the website. The information generated by the cookie about your use of this site are usually sent to a server of Google in the U.S. and stored there. In the case of activation of the IP anonymization on this website, the IP address will be truncated by Google within the Member States of the European Union or other parties to the Agreement on the European Economic Area before. Only in exceptional cases, the full IP address is sent to a Google server in the USA and is truncated there.
On behalf of the operator of this website Google will use this information to evaluate your use of the website, providing reports on website activity and to provide other services to the site operator in relation to the use of this website. The IP-Adress sent by your browser in relation with the services of Google analytics will not be merged with other data held by Google. We advise you of the possibility to prevent the storage of cookies by selecting the appropriate settings on your browser, but we like to point out that in this case not all features of this site may be usable. You can also prevent Google from processing and using the data created by the cookie and which is related to the use of this website (including the IP-Adress), by downloading and installing the available browser plug in under the following link (http://tools.google.com/dlpage/gaoptout?hl=en).
For more information, see http://tools.google.com/dlpage/gaoptout?hl=en or http://www.google.com/intl/en/analytics/privacyoverview.html (general information about Google Analytics and Data Protection). We point out that on this site Google Analytics has been extended by the code "gat._anonymizeIp ()" to ensure an anonymous collection of IP addresses (called IP-masking).
44, Boulevard des Cinq Communes
t: +33-(0) 493779112
f: +33-(0) 963234525
Siret Number: 514 155 779 00010