Legal Notice
I. Legal Information
STAKHA, a company registered under the laws of France under the number 889 236 451 000 15 R.C.S. Nanterre with registered offices at 99 Avenue Achille Peretti 92200 Neuilly-sur-Seine, owns and manages a recruiting platform named STAKHA (hereinafter “STAKHA”).
email address: contact@stakha.io;
Chief Editor: Amaury de Thibault
This website is hosted by JETIMPEX, INC, with registered office at 915 SE 2 Court, Fort Lauderdale, FL 33301 United States (phone: +18559325486).
II. Terms and conditions of use of https://stakha.io
The present terms and conditions (hereinafter “the Terms & Conditions”), as well as the data protection policy (hereinafter “the Policy”) regulate the relationship between Stakha and the web users (hereinafter “the Users”) visiting https://stakha.io (hereinafter “the Website”). For further information about the services of Stakha, please contact us at the following address: contact@stakha.io.
The Terms and Conditions are considered as accepted by the Users as soon as they begin to consult the Website. By visiting the Website, and accessing the information it contains, the Users acknowledge having read the Terms & Conditions, as well as the Policy, and undertake to comply with them.
The Terms & Conditions, as well as the Policy, are permanently available for download (in PDF format) on the Website, at the following addresses:
Terms of Services: here
Legal : here
The Terms & Conditions may be amended at any time by Stakha depending on the evolution of the applicable rules and its own needs. The new conditions apply as soon as they are published on Stakha’s Website. It is the Users’ responsibility to check the conditions applicable during their visit to the Website. By visiting the Website, the Users are considered as having agreed to the last version of the Terms & Conditions as available on the Website.
Stakha and the Users are each individually referred to as a "Party" and are collectively referred to as the "Parties"
1. Definitions
In the Terms & Conditions, the following terms shall have the following meanings ascribed to them:
1.1 Force Majeure: any delay, execution failure, damage, loss or destruction, or malfunction affecting the Service, or any consequence thereof, caused or occasioned by or due to force majeure event, such as, but not limited to, flooding, inclement weather, storms, floods, droughts, fire, earthquakes, destruction by thunderbolt, power outages, explosions, wars, riots, destruction of machinery or equipment, unavailability of means of transport, malfunctions or interruptions in the electrical network or telecommunication, strikes, occupancy of premises, work stoppages, acts or omissions of third parties, or any other cause beyond the reasonable control of Stakha preventing the normal performance of the contract and which cannot be resolved by reasonable measures ;
1.2 Policy: Stakha’s data protection policy, which forms an integral part of the Terms & Conditions.
1.3 User: anyone who visits Stakha’s Website.
1.4 Website: Stakha’s Website available on the URL https://stakha.io.
2. Intellectual property
2.1 The entire Website, including its architecture, its design, its interface, its databases, its name, its domain name, is the exclusive property of Stakha.
2.2 No reproduction or communication to the public, in whole or in part, of the Website or any of its elements, for any purpose whatsoever other than private consultation, may be done without the prior written consent of Stakha.
2.3 Under the Terms & Conditions, the Users only receive a non-exclusive and non-transferable licence, in order to access to the website content for their personal use.
2.4 The reference to the Website by way of links is authorized as long as the activation of the link causes the opening of a new browser window with display of the URL of Stakha Website.
2.5 Any reproduction of the pictures and from the Website and / or any assignment of these pictures and images for fee is strictly prohibited.
3. Website access
3.1 In its quality of website provider, Stakha only provides the Users with an access to the Website and ensure its proper maintenance. A such, all the obligations assumed by Stakha in relation with the Website’s operation and stability are obligations of means.3
.2 The Website is freely available to anyone with an internet connexion. Any costs in relation to the access to the Website (such as computer equipment, software, internet access, etc.) shall be borne by the Users.
3.3 Stakha shall use its best efforts to provide the Users with a qualitative Website. However, Stakha shall not be held liable of any event due to Force Majeure causing a website malfunction or unavailability (temporary or permanent).
3.4 Stakha reserves the right to interrupt, suspend or temporarily modify access to the Website. for technical or maintenance reasons. In these cases, the Users will be notified directly on the Website at least twenty-four (24) hours before the start of said maintenance. Stakha shall in no event be held liable for any damage suffered by the Users in the event of temporary unavailability of the Website due to maintenance operations.
4. Liability
4.1 Unless otherwise stated, all the obligations assumed by Stakha are obligations of means.
4.2 Stakha shall not be held liable in case of any inconvenience or damage due to the use of the internet network, including without limitation a Website access interruption, a virus, a computer bug, a hostile intrusion, a malfunction of the Website, data misappropriation or theft, or any event due to Force Majeure.
4.3 Within the limits of law, Stakha shall not be held liable in case of consequential damage, including without limitation financial damage, commercial loss resulting from the use or impossibility to access the Website, in whole or in part.
4.4 The Users are aware that a tool such as the Website requires regular maintenance. Stakha cannot under any circumstances be held liable for any damage suffered by the Users in the event of temporary unavailability of the Website due to maintenance operations.
4.5 In the event of Stakha’s liability being engaged, Stakha shall not be liable for any damage beyond a liability cap equal to the the amount covered by the business insurance of Stakha, excluding any other compensation.
5. Data protection
5.1 The personal data of the Users are processed in accordance with the Policy available on the Website at this address https://stakha.io/legal-notice. The Policy can be downloaded in PDF at this address <PDF download_URL>.
5.2 The Policy is considered as an integral part of the Terms & Conditions.
6. Competent courts and applicable law
6.1 In case of any dispute, only the courts of the district of Paris are competent and the French law is applicable, unless it was expressly agreed otherwise. If the User involved has its registered headquarters or residence outside the territory of France, Stakha is entitled to choose to initiate proceedings before the local jurisdiction of the head office or of the User residence.
7. Final provisions
7.1 No act, behavior, tolerance or omission from Stakha shall prejudice its right, in whole or in part, to enforce the provisions of present Terms & Conditions.
7.2 If a provision in these Terms & Conditions is or becomes, in whole or in part, invalid, illegal or unenforceable, the Parties undertake to replace the invalid provision or parts thereof by a new provision which will provide as closely as possible the economic result expected by the Parties. The Parties agree that the validity of the remaining provisions shall not be affected ant that the remaining provisions shall continue to be in full force and effect.
III. Data protection policy
1. The personal data (first name, surname, email address, city of residence, education, technologic background, IP address and logs) that your share with us are processed by Stakha, data controller, under the number 889 236 451 000 15 R.C.S. Nanterre with registered offices at 99 Avenue Achille Peretti 92200 Neuilly-sur-Seine
Your personal data will be processed in accordance with the General Data Protection Regulation 2016/679 and with the French law of the 20th of June 2018 pertaining to the protection of personal data.
The communication and processing of these personal data are carried out to extent necessary for the following purposes:
Reliable follow up of the registration requests;
Website management and update;
Newsletter dispatching;
Notification of a data protection policy modification;
2. The provision of these personal data is justified by: The necessity to answer your requests for information or to ensure the proper performance of Stakha (pre) contractual obligations when a potential candidate wishes to register on the Website (purpose a));
Stakha’s legitimate interest to inform the Users that registered as potential candidates about its activities (purpose c));
Stakha’s legitimate interest to manage and update the Website (purpose c) );
The respect of Stakha’s data protection obligations (purpose d) );
3. The personal data are retained by Stakha for as long as the Users are registered within Stakha.io. As soon as the Users delete their account, their personal data shall be deleted.
4. The personal data that you communicated us will be transmitted to the following third-parties, exclusively to the extent necessary for the hereabove mentioned purposes: - the IT subcontractors of Stakha;
- Stakha’s clients using Stakha.io to hire the Users that register themselves as potential candidates ;
- Legal counsel(s) of Stakha, in case of litigation;
- Police services and courts of competent jurisdiction, at their request or when required by law;
The personal data won’t be transferred to other third-parties than the one specified hereabove and to the extent necessary for the hereabove mentioned purposes without your prior agreement.
5. The personal data are exclusively stored on servers located within the EU.
6. Providing a written, dated and signed request sent to the data controller, in addition to the justification of your identity, you may obtain, freely as long as it represents a reasonable volume, the written communication of the personal data and the portability of the personal data, together with, as the case may be, the rectification, the processing limitation and the deletion of incorrect, incomplete or non-relevant personal data. If, within a thirty (30) days delay, no answer has been given to your request, it will be considered as denied. You can also contact or submit a complaint to the French Data Protection Authority for the exercise of these rights.
7. If, at any point, you feel that Stakha does not respect your private life, you can send a letter or an email (contact@stakha.io). Stakha shall do everything possible to detect and correct the issue.
For additional information, or if you wish to fill a claim, you may also contact the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés – CNIL) with the following address : 99 Avenue Achille Peretti 92200 Neuilly-sur-Seine (Tel. + 33 (0)1.53.73.22.22 – Fax +33 (0)1.53.73.22.00)