Last updated: 28/08/2026

The website turnover-it.com (the "Site") and the services it offers (the "Services") are provided by AGSI SAS, a French société par actions simplifiée with a share capital of EUR 50,000, having its registered office at 35 rue de Paris, 92100 Boulogne-Billancourt, France, registered with the Nanterre Trade and Companies Register under number 450 955 893 (hereinafter "FREE-WORK / AGSI SAS" or "we").

The Services are provided subject to the following contractual terms, which the customer (the "Customer" or "you") accepts without reservation:

• General Terms and Conditions of Access;
• Terms of Use;
• Additional Terms specific to certain Services;
• Data Processing Agreement;
• Order Form (issued at the final stage of subscription).

These documents constitute the entire agreement between the parties (the "Contract"), to the exclusion of any prior agreement between the parties and of the Customer's contractual documentation, such as any general terms and conditions of purchase it may have. In the event of any conflict or inconsistency, the document appearing lowest in the above list shall prevail.

I. General Terms and Conditions of Access

1. Definitions

"Database" means any structured set of data compiled by FREE-WORK / AGSI SAS. The Databases form part of the FREE-WORK / AGSI SAS Content.

"CV Database" means the database of Candidate profiles and CVs to which the Services give access. The CV Database forms part of the Databases.

"Candidate" means a member registered on the free-work.com website.

"Recruitment Agency Customer" means Customers subscribing to an access plan whose business consists in handling all or part of their own clients' recruitment processes.

"Content" means all data, information, documents, files, texts, images, videos, audio or audiovisual recordings, graphics, metadata, databases, templates, forms, questionnaires, reports, analyses, recommendations, best practices, methodologies, processes, source code, object and executable code, documentation, preparatory design material, interfaces, logos, drawings and designs to which the Customer may have access in connection with the Services.

"FREE-WORK / AGSI SAS Content" means the Content owned by or licensed to FREE-WORK / AGSI SAS.

"Candidate Content" means the Content communicated or published by Candidates.

"Other Customer and Third-Party Content" means the Content communicated or published by other Customers and by any third parties.

2. Purpose

These General Terms and Conditions set out:

• the conditions under which FREE-WORK / AGSI SAS provides the Services to the Customer;
• the conditions applicable to the various access plans to which the Customer may subscribe;
• the rules the Customer must comply with when using the Services.

3. Services offered

Our platform offers, among others, the following Services:

• access to our CV Database made up of Candidates who are members of our free-work.com website;
• the publication of job offers on free-work.com;
• access to our B2B Marketplace, dedicated to the recruitment of consultants between assignments ("intercontrat"), which allows you to access calls for tenders, publish your consultant profiles and establish partnerships;
• recruitment software provided on a SaaS basis (Applicant Tracking System, "ATS");
• tools to improve and accelerate your recruitment, such as AI matching and tracking tools.

Some Services may be integrated into the Customer's system by means of our APIs.

As part of our continuous improvement policy or for commercial reasons, we reserve the right to modify our Services during the term of the contract, including by adding or removing features. Such changes may not, however, call into question the essential features included in the access plan subscribed to.

4. Subscribing to an access plan

4.1. Eligible persons – Access to our Services is reserved for legal entities duly registered as such and holding a SIRET number (the French business registration number) or an equivalent business registration number in their country of establishment.

4.2. Authority – The Customer warrants that the person subscribing is duly authorised to do so.

4.3. Selection of the access plan – The Customer selects the access plan that suits it. Before final subscription upon payment, an Order Form setting out the contents of the plan chosen is issued. The Customer may upgrade to a higher plan at any time but has no right to downgrade to a lower plan during the term of the contract.

4.4. Customer's responsibility – It is the Customer's responsibility, before confirming its order by payment, to satisfy itself that the Services offered meet its needs and that its intended use of the Services complies with our contractual terms and with all applicable regulations. The Services are provided as is.

4.5. Final subscription – The subscription is final and irreversible upon receipt of payment by FREE-WORK / AGSI SAS, with no right of withdrawal. Access to the Services will be provided for the term of the access plan subscribed to, with no right of termination before its expiry and no right to a refund on any grounds whatsoever.

4.6. Trial – Trial periods are fully subject to these General Terms and Conditions. The trial period runs whether or not the Services are actually used. We may terminate the trial at any time, without having to give any reason.

5. Term and financial conditions

5.1. Terms applicable to all access plans

5.1.1. Prices – The prices and rates in force are expressed in euros excluding tax, FREE-WORK / AGSI SAS reserving the right to pass on any new tax or any change to an existing tax.

Should the Customer be required to make any withholding on its payments, it shall gross up its payments so that FREE-WORK / AGSI SAS receives the net amount that would have been paid to it in the absence of any such withholding.

5.1.2. Discounts – FREE-WORK / AGSI SAS may offer discounts for limited periods, without the Customer being entitled to the continuation of such offers.

5.1.3. No early-payment rebate – No rebate will be granted for early payment.

5.1.4. Price changes – FREE-WORK / AGSI SAS reserves the right to freely modify the prices of its access plans, the Customer having no right to the maintenance of a given price from one subscription to the next.

5.2. Fixed-Term Access Plans

5.2.1. Term – Access plans subscribed to for a fixed term are entered into without automatic renewal. The Customer is bound until the expiry date and has no right to a refund or to early termination.

5.2.2. Payment and start of access – Payment is made by bank card or bank transfer. Where payment is made by transfer, access starts only upon due receipt of payment and processing of the order by FREE-WORK / AGSI SAS.

5.2.3. Pause period – Where the plan subscribed to includes the Pause feature, as indicated on the order form, the Customer has 6 periods of 7 consecutive days (a "Pause Period") to be spread over the term of the access plan. During these Pause Periods, access is suspended. The expiry date of the access plan is postponed by as many calendar days as access was actually suspended. The Customer may activate a Pause Period at any time on simple request, made no earlier than 12 months before the desired period and no later than the day before (D-1). A Pause Period may start on any day of the week and is counted in calendar days, i.e. including weekends and public holidays. The Customer may interrupt a Pause Period at any time by calling us by telephone.

5.3. Monthly START Access Plans

5.3.1. Term and termination – The monthly START access plan gives access to the Services for a period of 30 days (the "Period"), with automatic renewal. The Customer may choose at any time, via our Site, not to renew its access for the following Period.

5.3.2. Payment and start of access – Payment is made by bank card only, debited three days before the start of the new Period. Access to the Services starts upon the first payment and is renewed every 30 days thereafter, provided the bank card could be debited prior to the tacit renewal date.

5.3.3. Failure to pay – In the absence of payment on the agreed date, access to the Services will be automatically suspended, without prior formal notice or advance warning. To restore access to the Services, the Customer must make the payment due for the forthcoming period.

5.3.4. Price changes – Any change in prices will be notified to the Customer with reasonable notice, without prejudice to its right to terminate the tacit renewal of its access plan in the event of disagreement.

6. Intellectual property, Data, Confidentiality

6.1. Ownership of FREE-WORK / AGSI SAS Content – FREE-WORK / AGSI SAS owns all rights in the FREE-WORK / AGSI SAS Content or holds the authorisations required for its use. Subject to the rights granted under the licence below, the Contract does not transfer any right in the FREE-WORK / AGSI SAS Content. The Customer shall refrain from any step aimed at having rights in such Content recognised or obtained in its favour, anywhere in the world.

6.2. Licence to FREE-WORK / AGSI SAS Content – For the purpose of benefiting from the access plan subscribed to and within the limits set out in the Contract, the Customer is granted the rights to access and use the FREE-WORK / AGSI SAS Content as well as our CV Database. This licence is granted for the term of the Contract and is non-exclusive, non-transferable and non-sublicensable.

6.3. Other Content – Candidates, other Customers and any third parties share their content under their own responsibility, in accordance with our Terms of use.

6.4. Authorisations granted by the Customer – The Customer grants FREE-WORK / AGSI SAS, for the duration of the Contract, all authorisations necessary for its use of the Services, and in particular the display of its distinctive signs in the spaces provided for that purpose (logos, trade marks, etc.).

6.5. Opt-out from text and data mining – FREE-WORK / AGSI SAS objects to all harvesting and text and data mining operations within the meaning of Article L. 122-5-3 of the French Intellectual Property Code. This objection covers the entire Site and all Content to which it gives access. All harvesting and text and data mining operations targeting the Site and the Content, including by means of automated data collection systems, therefore constitute acts of infringement unless a specific agreement has been formally expressed by us. As Article R. 122-28 of the French Intellectual Property Code provides that the objection referred to in III of Article L. 122-5-3 may be expressed by any means, including through the general terms of use of a website or service, the absence of metadata associated with the Site, the Site's directories or the Site's Content has no bearing on the exercise of the right of objection expressed in these General terms and Conditions of Access and Use. Texts and data downloaded by means of the APIs are subject to the specific terms set out in the dedicated section.

6.6. Confidentiality – Confidential information (hereinafter "Confidential Information") means all information, data or documents that one of the Parties (hereinafter the "Disclosing Party") communicates to the other Party (hereinafter the "Receiving Party"), in whatever form — written, oral, electronic or on any other medium — and in particular: (a) the exchanges between the Customer and FREE-WORK / AGSI SAS, the contents of this Contract and its annexes, and more generally the course of the relationship between the Parties; (b) the Content to which the Customer has access in connection with the Services, including Candidate Content and the information, analyses, studies and data made available by FREE-WORK / AGSI SAS; (c) any information relating to the business, strategy, processes, financial data, clients or staff of the Disclosing Party. By way of exception, information that is freely available to the public at the time of its communication, or that becomes so without any breach of a legal or contractual obligation incumbent on the Receiving Party, and information already known to the Receiving Party — provided it can demonstrate that it obtained access to that information without breaching any such obligations — shall not be considered Confidential Information. FREE-WORK / AGSI SAS may also publish anonymous statistics on the use of its Services and use the Customer's data to improve its Services or develop new ones.

Each Party undertakes not to disclose any Confidential Information to a third party and to use it in accordance with the purpose of the Services. It shall restrict access to its representatives, employees or agents to what is necessary for them to perform the tasks entrusted to them. It shall apply appropriate measures to protect the confidentiality of such information, at a level at least equal to that which it applies to the protection of its own confidential information.

This confidentiality clause shall remain in force for a period of 10 years after the end of the Contract, for whatever reason.

6.7. Commercial references – Unless it expressly objects in writing, the Customer authorises FREE-WORK / AGSI SAS to cite it among its client references, on its website and on other media, including by reproducing its logo. FREE-WORK / AGSI SAS undertakes not to make any use thereof contrary to standard commercial practice.

6.8. Personal data – FREE-WORK / AGSI SAS undertakes to comply with the personal data protection legislation applicable in France, and in particular Regulation (EU) No 2016/679, known as the "General Data Protection Regulation" (hereinafter "GDPR"), and French Act No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties. It is the Customer's responsibility to check whether its use of the Services is compatible with any other legislation, and in particular the national legislation of other European Union Member States.

FREE-WORK / AGSI SAS is the controller of the personal data processing relating to the compilation and management of the Databases. It alone determines the means and purposes of that processing and alone assumes compliance with the obligations of transparency, of collecting consent (or offering an opt-out) and of responding to requests to exercise data subject rights. The Customer is informed that the CV Database is compiled on the basis of consent, the limits of which are reflected in our Terms of Use. The Customer acts as an independent controller when it consults the personal data in the Databases.

The Customer acts as controller and FREE-WORK / AGSI SAS as processor for the processing carried out by means of the tools made available by FREE-WORK / AGSI SAS to carry out or facilitate recruitment, and in particular the ATS software. Such processing activities are governed by the Data Processing Agreement set out in the Annex (the "DPA").

6.9. Restrictive interpretation – The authorisations granted to the Customer must be construed strictly and are limited to those expressly provided for.

7. Force majeure, Liability, Warranties

7.1. Force majeure – For the purposes of the Contract, events of force majeure include any event beyond the control of and/or independent of the will of FREE-WORK / AGSI SAS, such as, without limitation, natural disaster, strikes, frost, fire, storm, flood, epidemic, supply difficulties, strike or other labour dispute, malfunction or interruption of national or international communication channels affecting its service(s), by reason of its unforeseeable and irresistible nature. In all cases of force majeure, FREE-WORK / AGSI SAS is released from all liability, whether in contract or in tort, under any warranty or on any other basis, for any loss caused directly or indirectly by the force majeure event, and is consequently liable for no damages or compensation whatsoever for the total or partial non-performance of its obligations. In the first instance, the force majeure event referred to above suspends performance of the contract; if the force majeure event lasts more than two (2) months, either party may terminate the contract by registered letter with acknowledgement of receipt.

7.2. Best-efforts obligations – All obligations incumbent on FREE-WORK / AGSI SAS constitute best-efforts obligations (obligations de moyens).

7.3. Exclusion of liability – FREE-WORK / AGSI SAS may not be held liable:

• to the fullest extent permitted by law, for the consequences of the conduct or content of Candidates, other Customers or third parties. FREE-WORK / AGSI SAS is under no general obligation to monitor, without prejudice to its right to carry out checks to verify compliance with its contractual terms;
• as regards security, it is recalled that it is bound by a best-efforts obligation. FREE-WORK / AGSI SAS cannot protect the Customer against malicious uses of its Services. In particular, since the CV Database offers Candidates' original CVs, we cannot guarantee 100% that they are free from viruses or malware. FREE-WORK / AGSI SAS may not be held liable for the consequences of downloading and opening a CV in Word or PDF format containing viruses, macros or any other type of malware;
• the Services are made available as is, with any imperfections they may contain, which the Customer expressly accepts. The Customer acknowledges that the Services may contain imperfections, anomalies and errors inherent in any software.

Furthermore, FREE-WORK / AGSI SAS may not incur liability in respect of the consequences of:

• the temporary or permanent loss, alteration or unavailability of data;
• the quality, accuracy, completeness or reliability of the Site or its Content, and in particular Content published on the blog, the newsletter and other publications;
• erroneous or deliberately false information provided by the Customer or a user;
• temporary unavailability of the Site, for any reason whatsoever and in particular a technical problem, temporary unavailability or overload of the network, contamination by a computer virus, maintenance work or the updating of content;
• use of the Site and the Services for purposes contrary to their intended purpose;
• an act or omission of a third party, including a Candidate or another Customer, and in particular unlawful acts such as identity theft or the publication of unlawful content;
• limited or interrupted access to the Services attributable to the Customer, and in particular by reason of its internet connection or the incompatibility or defectiveness of its equipment;
• an operation performed by insufficiently qualified or unauthorised members of the Customer's staff;
• the faults of FREE-WORK / AGSI SAS's partners, the latter giving no warranty whatsoever as to their services;
• the consequences for the Customer of clicking on a link redirecting to a third-party website.

7.4. Recoverable loss – In any event, the liability of FREE-WORK / AGSI SAS shall be limited to direct, foreseeable loss, to the exclusion of any indirect loss. Expressly excluded from recoverable loss are losses of, or lost, production, profit, turnover, margin, clientele, contracts, earnings or credit eligibility, image, staff downtime costs, and the cost of producing or obtaining a replacement or restoration service.

7.5. Cap – The compensation payable by FREE-WORK / AGSI SAS under its contractual liability is capped at an amount equal to the price paid by the Customer over the last six (6) months preceding the start of the most recent breach.

7.6. Time limit for bringing claims – FREE-WORK / AGSI SAS may not be held liable after a strict time limit of twelve (12) months from the day the damage was discovered or from the day it ought to have been known. The expiry of this period entails the forfeiture of any right to claim compensation in money or in kind from FREE-WORK / AGSI SAS, including the performance of any obligation to act.

7.7. Enforceability against third parties – To the fullest extent permitted by law, these limitations of liability of FREE-WORK / AGSI SAS are enforceable against third parties.

7.8. Warranties given by FREE-WORK / AGSI SAS – FREE-WORK / AGSI SAS warrants (1) that it holds all rights, authorisations and licences necessary to grant the licence provided for in respect of the FREE-WORK / AGSI SAS Content and (2) that its CV Database has been compiled in compliance with the personal data protection legislation applicable in France, for the purposes provided for in the Contract. In the event of a third-party claim or proceedings initiated by an administrative or judicial authority, FREE-WORK / AGSI SAS shall indemnify the Customer for any loss resulting from a breach of these warranties, in proportion to its fault. This indemnification covers the reasonable defence costs incurred by the Customer for its defence, including lawyers' or experts' fees.

7.9. Warranties given by the Customer – The Customer indemnifies FREE-WORK / AGSI SAS on the same terms against all consequences, and in particular all third-party claims or legal actions, prosecutions or inspections by a judicial or administrative authority, arising from (a) its use of the Services in breach of the Contract or not in compliance with applicable law, (b) its use of the Services in breach of third-party rights (in particular intellectual property rights), (c) the unsuitability of the Services selected for its needs, (d) the loss of credentials or the unauthorised use of its access, and (e) the loss of third-party data. In the event of a third-party claim or proceedings initiated by an administrative or judicial authority, the Customer shall indemnify FREE-WORK / AGSI SAS for any loss resulting from a breach of these warranties, in proportion to its fault. This indemnification covers the reasonable defence costs incurred by FREE-WORK / AGSI SAS for its defence, including lawyers' or experts' fees.

8. Breach of contractual provisions

8.1. Termination for cause – Either Party may terminate the Contract in the event of a sufficiently serious breach by the other Party. Except in cases of emergency, termination takes effect automatically thirty (30) days after a formal notice has been sent by registered letter with acknowledgement of receipt to the defaulting Party, setting out the breaches alleged and warning it that, failing cessation of the conduct complained of within the aforementioned period, the Contract will be terminated. FREE-WORK / AGSI SAS may terminate the Contract as of right in the event of a breach of the provisions of the Contract relating to intellectual property, confidentiality or personal data, or of a breach of its General Terms and Conditions of Access and Use or of applicable law, in particular as regards the content of advertisements.

8.2. Suspension – In the event of a breach of these terms, FREE-WORK / AGSI SAS may slow down, restrict or suspend access to the Services, without prior notice or formal notice. These measures may be implemented during the thirty-day period provided for in the preceding article, “Termination for cause”.

9. Miscellaneous

9.1. Changes in legislation – These General Terms and Conditions and the Services may be modified at any time if required by a change in regulations.

9.2. Subcontracting – FREE-WORK / AGSI SAS is authorised to subcontract part of the Services.

9.3. Independence – It is expressly agreed between the Parties that each acts, for the performance of the Services, in its own name and on its own behalf, as an independent contractor.

9.4. Entire agreement – This Contract constitutes the entire commitment of the Parties, no prior writing or exchange being capable of creating any obligation or right on their part.

9.5. No waiver – The failure of either Party to rely on any provision of the Contract may not be construed as a waiver of its right subsequently to enforce that provision.

9.6. Partial invalidity – Should any provision of this Contract be held invalid under a rule of law in force or a final court decision, it shall be deemed unwritten, without rendering the remainder of the Contract invalid or affecting the validity of its other provisions. The Parties undertake to negotiate in good faith the provisions necessary to replace the invalid clauses.

10. Governing law, Jurisdiction

10.1. Governing law – The Contract is governed by French law, to the exclusion of any other legislation, standards or practices, including those of international trade.

10.2. Jurisdiction – The courts of Nanterre having subject-matter jurisdiction shall have exclusive jurisdiction over disputes falling within the scope of the Contract, for all proceedings including protective, urgent, warranty-claim and ex parte proceedings, including where there are multiple defendants.

II. Terms of Use

11. Terms of Use applicable to all Services

11.1. Intended purpose of the Services – The Customer undertakes to use the Services solely for the purposes of recruiting for a position open within its own company or group, for placing its own consultants between assignments, or for placing such consultants within its own company/group.

11.2. Compliance with contractual and technical restrictions – The Customer undertakes to comply with the limits of its access plan and shall refrain from circumventing any technical restrictions put in place by FREE-WORK / AGSI SAS.

11.3. Reasonable use – The Customer undertakes to use the Services in a reasonable and considered manner.

11.4. Relations with Candidates and other Customers – To the fullest extent permitted by law, FREE-WORK / AGSI SAS is in no way responsible for the relations between the Customer and the other users of the platform. The tools are made available to them and they are fully responsible for the use they make of them, without prejudice to the right of FREE-WORK / AGSI SAS to take measures in the event of a breach of these General Terms and Conditions of Access and Use. In particular, the Customer is responsible for its recruitment processes and for the processing of the personal data of Candidates and other Customers.

11.5. Prohibited conduct – The Customer shall refrain from any abusive or unlawful conduct, or any conduct prejudicial to the rights, image or reputation of FREE-WORK / AGSI SAS, a Candidate, another Customer or a third party.

11.6. Reporting – The Customer shall report any content or conduct it considers unlawful, abusive or contrary to our contractual terms by email to: users@turnover-it.com. In its message it shall state its identity, the information needed to identify the content (e.g. URL, screenshot) and, if it considers content to be unlawful, a sufficiently substantiated explanation. The term "unlawful content" covers any information which, in itself or in its context, infringes applicable legislation.

11.7. Prohibition on extracting the Databases – The Customer is prohibited from extracting and reproducing all or part of the Databases, by any means whatsoever, in particular to build a database of business contacts or to develop a product.

11.8. CV Database – Our CV Database is made up of Candidates who have agreed to join it in order to be contacted by recruiters wishing to offer them a position. The Customer is required to obtain their consent independently and by its own means for any other use of their data. Accordingly, it is authorised to (1) access and consult the data in the CV Database, (2) contact Candidates to offer them a position, and (3) ask for their consent to the use of their data for other purposes, which must remain recruitment-related (e.g. joining the Customer's own CV Database). In particular, the Customer may not use the data to build its own CV Database without obtaining a valid consent. These provisions are supplemented by specific provisions depending on the means of access (Site or API).

11.9. Prohibition on sharing with third parties – The Customer shall refrain from communicating to third parties the Content published on the Site or contained in the Databases, and in particular CVs or job offers.

11.10. Prohibition on re-use of Content and on secondary uses – The Content to which the Services give access, and in particular the Databases, may not be used for other purposes, and in particular for the training, testing or improvement of artificial intelligence systems, language models or any algorithmic tool, for the development or marketing of services or products, or for benchmarking. These restrictions do not apply where (a) the Customer obtains the Candidates' direct consent to such uses or (b) in the context of recruitment processes, which take place under the Customer's sole responsibility.

11.11. Publishing of job offers

a. Location of the position – The Customer is authorised to publish job offers for positions to be filled anywhere in the world, subject to compliance with applicable legislation and with the obligations set out in the following paragraph.

b. Content of advertisements – The Customer undertakes to comply with the legislation applicable to the publication of job offers. The following rules are set out as a reminder, this list being non-exhaustive:

• offers relating to positions to be filled on French territory must be drafted in French. They may, however, be accompanied by a translation into another language;
• any discriminatory requirement based on sex, age, origin, family situation, physical appearance, state of health, opinions, or any other prohibited criterion is strictly forbidden;
• the offer must correspond to a genuine recruitment need;
• the content of the offer must be accurate, not misleading, and compliant with the applicable rules of employment law (type of contract, working hours, level of remuneration, etc.);
• it is prohibited to make an application conditional on a payment, on the production of a criminal record extract (save where legally permitted), or on holding a driving licence (save where genuinely necessary for the position);
• access to the job offer and the recruitment process must be free of charge for candidates, without redirecting to paid services or premium-rate numbers;
• the Customer must state the identity of the recruiter in the advertisement or, in the case of an anonymous offer, provide FREE-WORK / AGSI SAS with that recruiter's name or corporate name and address;
• the Customer must check that its advertisement does not contain any prohibited wording before publishing it. It is invited to consult the many guides available on the subject.

To the fullest extent permitted by law, the Customer indemnifies FREE-WORK / AGSI SAS against any judicial, extrajudicial or amicable proceedings in the event of a breach of this article, compensating it for all related expenses, including expert and advisory fees.

The Customer is informed that FREE-WORK / AGSI SAS implements automated means of detecting this type of content. No measure will be taken against the Customer without human intervention.

c. Dedicated spaces – The Customer undertakes not to publish job offers outside the interface provided for that purpose. For obvious reasons of content organisation and editorial quality, it is in particular prohibited to divert the use of the directory listing by publishing one or more job offers in the "Presentation" area of its company profile.

11.12. Forums – The free-work.com website includes forums on which Candidates express themselves freely. FREE-WORK / AGSI SAS does not monitor the statements made, which are the sole responsibility of their authors. It will, however, promptly remove any manifestly unlawful content reported to it.

11.13. Contacting candidates – The Customer shall send a reasonable number of communications to Candidates. It shall refrain from any mass or repeated mailing, and shall contact a Candidate only after having fully reviewed their CV. The Customer is informed that Candidates may report spam received to us. In connection with this undertaking, FREE-WORK / AGSI SAS reserves the right to verify usage points and access codes.

11.14. Accounts – The number of accounts is limited to one active main account per Customer. The number of associated sub-accounts is limited to 15. Each account is attached to one user.

11.15. Credentials – The Customer will receive a username and a password for each main account and sub-account. These credentials are personal to each user. The Customer shall implement appropriate measures to ensure the confidentiality of these credentials. It shall change its password regularly and whenever a member of its team who knows its credentials leaves.

11.16. Security – The Customer shall implement appropriate security measures to prevent any unauthorised access to the Services. It shall notify FREE-WORK / AGSI SAS of any unauthorised access within 24 hours of discovering it, providing, as and when available, the information FREE-WORK / AGSI SAS may request, in particular in order to identify the access and the data exposed, assess the resulting risks and ascertain the remediation measures implemented by the Customer.

11.17. Breach of the Terms of Use – In the event of a breach of the Terms of Use, FREE-WORK / AGSI SAS may restrict access to the Services or terminate the Contract for the Customer's breach. FREE-WORK / AGSI SAS may monitor compliance with these terms, including by automated means.

12. Additional Terms specific to the use of the Site

12.1. Compatible equipment – The Site is designed to work with the latest versions of the following browsers: Chrome, Firefox, Edge and Safari. We give no warranty of proper operation for use of the site through other browsers, versions other than the latest, or mobile devices such as touchscreen tablets or phones. The Services are provided on an "as is" basis, which the Customer expressly accepts.

12.2. Limited CV views – For the purposes of this clause, "viewing a CV" means accessing the content of a CV by clicking on its title, downloading the attachment or hovering over the preview icon. "Viewing a CV" may be carried out, among other ways, from the "CV Database" tab, from the email alert, or from the responses received to a job offer. A "rolling 30-day period" means the last thirty days of use, including the reference day.

Each access plan includes a maximum number of "CV views" per day and per "rolling 30-day period", as specified in the quotation and the order form.

The number of CV views is calculated taking into account CV views by all accounts and sub-accounts.

A number of actual views below the cap gives no right to a refund or to a carry-over to the following period.

12.3. Prohibition of automated means – The Customer shall refrain from using, directly or indirectly, any automated process for accessing or interacting with the Site and its Databases, in particular by means of scripts, bots, scrapers, crawlers or any other tool or program intended to extract, query, copy, collect or interact with the platform's data or features, without the prior written authorisation of FREE-WORK / AGSI SAS. We reserve the right to slow down, restrict or suspend access to the Services if we can reasonably suspect that you are making abusive or fraudulent use of them.

12.4. Restrictions on mailings to Candidates – In order to avoid any SPAM in the context of a mailing sent from the CV Database tab, the Customer undertakes to check that the targeted candidate's profile matches its offer by reviewing the CV in full. If the targeted CV has not been viewed, we reserve the right not to send the mailing. Each candidate targeted by a mailing counts as one full view of their CV.

13. Additional Terms specific to the use of the APIs

13.1. Credits – For each access plan including access to an API, the Customer has a number of credits included, which it spends as it uses the API. Credits not used by the end of the access period give rise to no refund.

13.2. API key – FREE-WORK / AGSI SAS will provide the Customer with an API key and the documentation required to install the APIs, which the Customer undertakes to comply with and may not disclose to third parties.

13.3. Access to the CV Database – The Customer undertakes to comply with the following terms:

• the sole purpose of any request made to the API must be the search for candidates for an open position;
• the Customer is authorised to store the data and process it by means of its own tools designed to facilitate its recruitment, such as its application-tracking software or its matching and scoring tools, under its sole responsibility;
• unless valid Candidate consent has been obtained independently by the Customer, storage of their data may not go beyond the scope of the recruitment for the position for which that data was obtained. The Customer may therefore not retain it for future recruitment.

14. Additional Terms specific to Recruitment Agency Customers

14.1. The Recruitment Agency Customer is authorised to use the Services to contribute to a recruitment for a position open at one of its clients and to communicate Candidates' data to them for that purpose.

14.2. The Recruitment Agency Customer undertakes not to:

• communicate all or part of the Candidate data from the CV Database to third parties otherwise than in the case provided for in the preceding paragraph;
• make all or part of the Candidate data accessible to the public or to a restricted audience, such as its own clients via its platform, its websites, its newsletter or by any other means or medium;
• send a Candidate any communication for purposes other than recruitment for an open position.

Annex: Data Processing Agreement ("DPA")

This agreement (the "Agreement") sets out the terms and conditions under which the Customer entrusts FREE-WORK / AGSI SAS, within the framework of the Contract, with carrying out the personal data processing described in its Annex I "Description of the processing”.

This processing is carried out in the name and on behalf of the Customer, which acts as Controller, FREE-WORK / AGSI SAS acting as Processor within the meaning of the GDPR.

The Agreement, including Annexes I and II thereto, forms an integral part of the Contract. The other provisions of the Contract apply to it, including those governing liability and jurisdiction. In the event of any conflict between the Agreement and those provisions, the Agreement prevails.

Definitions and interpretation

The Agreement must be read and interpreted in the light of the provisions of the GDPR. Where terms of the Agreement are defined in the Contract or in the GDPR, they shall have the meaning so given.

The following terms are defined as follows:

• "Supervisory Authority" means the Commission Nationale de l'Informatique et des Libertés ("CNIL"), without prejudice to any mandatory provisions liable to confer jurisdiction on another administrative authority.
• "Description of the processing" means Annex I to the Agreement, describing the personal data processing entrusted under the data processing arrangements governed by this Agreement.
• "Personal data" means personal data within the meaning of Article 4 of the GDPR.
• "Applicable Regulations" means any regulations on the protection of Personal data applicable to the processing governed by the Agreement, and by default any regulations in that field applicable to the processing governed by the Contract.
• "Controller" means the Customer.
• "GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, together with the implementing standards and recommendations issued by the bodies and institutions of the European Union and by the CNIL, as well as its interpretation in the case law of the Court of Justice and of the French courts.
• "Processor" means FREE-WORK / AGSI SAS.
• "Personal data breach" means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.

Description of the processing, duration

The processing governed by the Agreement is defined in Annex I "Description of the processing", as is the retention period for the personal data.

Obligations of the Processor

Instructions

The Processor shall process Personal data only on documented instructions from the Controller, unless required to do so by Union or Member State law to which it is subject. In that case, the Processor shall inform the Controller of that legal requirement before processing, unless the law prohibits it from doing so on important grounds of public interest. The Contract and Annex I to the Agreement "Description of the processing" are deemed to contain the initial instructions.

It is for the Controller to ensure that its instructions comply with the Applicable Regulations on data protection, the Processor bearing no liability in that respect.

Limitation of purposes

The Processor shall process Personal data solely for the specific purpose or purposes of the processing, as defined in Annex I to the Agreement "Description of the processing”.

By way of exception, it is authorised to process personal data on its own behalf in order to improve its Services or develop new ones, including by using the data to train an artificial intelligence system or model or an algorithm. Where possible, it shall implement commercially reasonable measures to anonymise the data.

Security of processing

The Processor shall implement appropriate technical and organisational measures to ensure the security and confidentiality of Personal data in the light of the resources available to it. In assessing the appropriate level of security, it shall take due account of the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing, as well as the risks to data subjects.

The Processor warrants that it limits access to personal data by its staff to what is necessary for the performance of the Contract and ensures that they are bound by a contractual or statutory obligation of confidentiality.

Compliance

At the Controller's request, the Processor shall provide it with the information necessary to demonstrate compliance with the obligations incumbent on it under the Agreement.

The Controller may carry out, at its own expense, an audit to assess the Processor's compliance with this Agreement, conducted by an independent auditor approved in advance by the Processor. Each audit must be at least twelve months apart from the previous one. In the case of an on-site audit, the Processor shall grant access to its premises between 10:00 and 18:00 on business days. Any audit must be preceded by 30 calendar days' notice, the Processor having 10 days to object to the auditor appointed. The Controller shall send the draft final report and shall have 30 days to submit its observations, which must be incorporated into the final report. The audit must be conducted taking into account the Processor's operational and organisational constraints and ensuring that the resources mobilised and the duration of the audit operations remain reasonable and proportionate.

The Processor shall assist the Controller in fulfilling its obligations regarding impact assessments and consultation of the supervisory authority. Its involvement will be invoiced to the Controller.

It shall also implement the measures necessary to enable the Controller to respond to requests from data subjects to exercise their rights.

Where it becomes aware of a Personal data breach covered by the Agreement, the Processor shall inform the Controller as soon as possible. It shall provide it with the following information, in two communications if necessary:

• the nature of the Personal data, including, where possible, the categories and approximate number of data subjects concerned by the breach and the categories and approximate number of Personal data records concerned;
• any measures it has taken or plans to take to address the breach;
• the relevant information in its possession likely to assist the Controller in assessing the likely consequences of the Personal data breach.

Use of sub-processors

The Processor has general authorisation to engage sub-processors. The sub-processors existing at the time of the Agreement are listed in Annex II to the Agreement.

It shall engage only sub-processors offering sufficient guarantees of compliance with privacy protection Regulations.

The Processor shall specifically inform the Controller in writing of any intended change to this list through the addition or replacement of sub-processors. The Controller has seven (7) days from receipt of that information to object to the new sub-processor. In the event of a reasoned and reasonable objection, the Processor may not proceed with the intended engagement. It is for the Controller to provide an email address for receiving sub-processor updates.

The Processor shall impose by contract on the sub-processor data protection obligations equivalent to those imposed on the Processor by the Agreement.

International transfers

The Processor may transfer Personal data outside the European Economic Area (EEA), provided it implements the measures necessary to ensure that the transfer does not result in a breach of Chapter V of the GDPR.

Suspension, End of the Agreement

In the event of a breach by the Processor of the obligations incumbent on it under the Agreement or under privacy protection Regulations, the Controller may instruct the Processor to suspend the processing of Personal data until the Processor complies with the Agreement or the Contract is terminated in accordance with the applicable provisions.

Following the end of the Agreement, for whatever reason, the Processor shall, at the Controller's option, delete all Personal data processed on the Controller's behalf. On request, it shall also provide the Controller with a copy of that data. This service will be invoiced by the Processor to the Controller.

Governing law, Disputes and Competent supervisory authority

The Agreement is fully subject to the provisions of the Contract relating to governing law, disputes and competent courts.

Save where mandatory provisions provide otherwise, the Commission Nationale de l'Informatique et des Libertés has sole jurisdiction over the processing governed by the Agreement, including in the event of transfers of Personal data outside France.

Annex I: Description of the processing

1. Categories of data subjects:

• Candidates
• Consultants between assignments, employees or representatives of other Customers

2. Purposes:

• Recruitment of Candidates, placement of consultants between assignments
• ATS system: receipt of applications, management of recruitment processes, messaging
• Sourcing: optimized candidate search and ranking tools
• Performance tracking tools

3. Personal data processed:

• Candidate profile: identity, address, occupation, CV, objectives and availability, access to soft skills assessments
• Candidates' contact details
• Personal data exchanged via the communication tools

4. Retention period:

• For the term of the Contract

Annex II: List of sub-processors