General terms and conditions of sale and use
These Terms and Conditions are current as of February 6, 2025.
Introduction
These Terms and Conditions are current as of January 29, 2025.
Between: Hereinafter MARVIN or "the Company"
The company MARVIN, a simplified joint stock company with capital of 1,856 euros, registered in the PARIS Trade and Companies Register under number 907981237, and whose registered office is located at 126 rue Saint Maur, 75011 Paris, France.
And: Hereinafter the Customer
Together referred to as "the Parties" and separately as "a Party"
MARVIN's business is the creation, development and marketing of software falling under the saas.
Definitions
The term "Customer" refers to any person, legal or physical, having subscribed to Marvin's service and having the status of a professional within the meaning of the French Consumer Code.
The term "Third Party" refers to any person, legal or physical, who is not a party to these General Terms and Conditions of Sale (GTCS).
The term "Service" or "Software" refers to the provision by Marvin of licenses to its recruitment software to the Customer.
These GCSU supersede any previous document, any other written or verbal agreement relating to the same subject, and prevail over any contrary provision that may be contained in documents issued by the Customer.
1. ARTICLE 1 - Purpose
The purpose of these general terms and conditions (hereinafter "GTCU") is to define the terms and conditions under which Marvin (hereinafter "the Company") provides the customer (hereinafter "the Customer") with licenses for the use of its recruitment software (hereinafter "the Software").
These general terms and conditions (hereinafter "GTCU") are systematically sent or given to each Customer prior to subscription. Consequently, the act of signing the quotation implies the Customer's full and unreserved acceptance of these terms and conditions, to the exclusion of any other documents in the Customer's possession, such as catalogs or advertising brochures issued by MARVIN, which will only have an indicative and non-contractual value.
2. ARTICLE 2 - Service description
Subject to special conditions agreed between the Customer and MARVIN, the service consists of the provision of software accessible in saas mode enabling users to:
- create, store and manage information on companies and candidates
- monitor and control recruitment activity and candidate processes
- post job offers on job boards
The Company grants the Customer a non-exclusive and non-transferable right to use the Software in accordance with the terms hereof. This right is strictly limited to the number of licenses subscribed to by the Customer.
Before using the Site and the service, the Customer must ensure that he/she has the technical and IT resources to use the Site and to order the services on the Site, and that his/her browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good working order and free of viruses.
The service is accessible online. It provides access to the functionalities detailed when subscribing to the service. The Company expressly reserves, without compensation, the right to modify, for the purpose of improvement, without prior notice and at any time, all or part of the service or its methods of access and, where applicable, the presentation and/or content of the functionalities.
Any request for additional functionality will be the subject of an exceptional order between the Customer and Marvin, not included in the price of the initial license, and an estimate will be drawn up.
Multicasting offer:
- MARVIN provides the Customer with a multicasting offer enabling him to post a job ad on different jobboards, included in the price of his Marvin subscription
- The Customer may post a job ad on all the jobboards that MARVIN makes available to the Customer
- If necessary, the Customer must subscribe to an account with the partner (jobboard) on which he wishes to post his ads, unless posting is free.
- MARVIN's multicasting offer allows you to advertise on job boards, but does not cover any costs incurred by the job boards themselves (e.g. job board subscription fees), which will remain the responsibility of the customer.
3. ARTICLE 3 - Service access and maintenance
The Customer accesses the online service via the Internet, through the Site, using a user name and password which are communicated to him when his account is created.
The Customer will thus have access to the service in SaaS mode 24 hours a day, 7 days a week, except in the event of maintenance operations, possible breakdowns or force majeure affecting MARVIN.
The Customer is responsible for taking out a subscription with an Internet access provider, enabling him to access the Site and the service. The Customer shall ensure the compatibility of his technical environment required for access and/or use of the service.
The Customer undertakes to transmit his data within a reasonable time and in a compatible format so that Marvin's technical teams can integrate them into the tool. No DATA import work will be carried out by Marvin if the customer has not paid his first invoice in accordance with the terms of his contract.
The subscription to the service subscribed to by the Customer is valid only for his representatives and employees, depending on the number of effective users of the subscription chosen, and may under no circumstances be used by a Third Party. The Customer acknowledges that access codes to the service are strictly personal, confidential and non-transferable. The Customer undertakes to preserve the confidentiality of his access codes to the service and to take all necessary measures to prevent the communication of these codes which would enable Third Parties to access the service in an illicit manner.
The Customer undertakes not to resell the services included in the service to his customers or Third Parties. In the event of non-compliance with this obligation, MARVIN may immediately suspend the performance of its services, without having to justify this to the Customer.
The service is regularly updated by MARVIN. MARVIN undertakes to do its utmost to ensure that maintenance operations do not disrupt the Customer's use of the service. When maintenance or updating operations result in the suspension of the service, MARVIN undertakes to notify the Customer as soon as possible.
The Customer may file a complaint at support@marvinrecruiter.com.
4. ARTICLE 4 - Duration and renewal
The license is granted for an initial period of twelve (12) months or longer, subject to special conditions agreed between the Customer and the Company, from the activation date.
The activation date is effective when the customer has access to the tool.
At the end of the initial term, the subscription is automatically renewed by tacit agreement for a period identical to the initial term, unless terminated in accordance with article 6 or subject to special negotiated conditions.
The customer may add additional licenses to the subscription at any time. These additions will be subject to a quotation and additional invoicing. The validity of additional licenses granted will begin on the activation date, and the commitment end date will be the commitment end date of the initial contract, so as to have an equal commitment duration for all licenses combined.
5. ARTICLE 5 - Prices and terms of payment
The price of the user license is indicated per user, in euros and exclusive of tax, in the quotation attached hereto.
User licenses are invoiced annually and payable in advance, subject to any special conditions agreed between the Customer and the Company.
Upon signature of the quotation and the GTCU, the Customer will receive an invoice for the amount agreed in the quotation, payable by credit card, direct debit or bank transfer on receipt of invoice. Payment must be made before the user's onboarding date. Any month started is due in full by the Customer.
Renewal invoices are payable on receipt by credit card, direct debit or bank transfer on receipt of invoice.
When adding additional licenses during the first year only, the customer will benefit from the same price and commitment conditions as his initial contract. After the first year, Marvin's current prices will apply. These additional licenses will be invoiced annually and payable in advance upon receipt of invoice, subject to any special conditions agreed between the Customer and the Company.
MARVIN may modify the amount of the remuneration for the service subject to informing the Customer by any means at least thirty (30) days before the entry into force of this tariff modification. The new service fee applies only to the renewal of the service. The Customer is free to object to the tariff change by sending a request to support@marvinrecruiter.com within ten (10) days of the notification to the Customer. In the absence of a request for cancellation within this period, the Customer is deemed to have accepted the new remuneration for the service.
The Company reserves the right to suspend or cancel any performance of the service in the event of non-payment or partial payment of any sum owed by the Customer to the Company.
In the event of payment beyond the deadlines set out in the present contract, late payment penalties will be due at an interest rate of 15%. Late payment penalties, due for at least one full year, will be added to the initial capital of the debt and will bear interest under the same conditions as the debt, at the aforementioned interest rate of 15%.
In the event of late payment, a flat-rate indemnity of 40 euros for collection costs will be automatically applied at the customer's expense. In accordance with article L. 441-10 of the French Commercial Code, if the collection costs incurred by the company exceed the amount of this fixed indemnity, the company may request payment of an additional indemnity.
6. ARTICLE 6 - Termination
The customer may terminate the subscription at the end of the contract period, by giving one month's notice by registered letter with acknowledgement of receipt or by e-mail.
In the event of early termination of the contract for any reason whatsoever, all sums remaining due by the customer under the contract will become immediately payable, without prejudice to any damages that may be due to the Company. For any partial or total use of the service, no refund will be offered.
The Company reserves the right to immediately terminate the license in the event of non-payment or serious breach of these GTC.
Customer data will be returned by Marvin in a compatible format (CSV, SQL, JSON). The data will be returned within ten (10) working days of the termination request.
7. ARTICLE 7 - Warranty and liability
The Customer is solely responsible for the use he makes of the service, in particular concerning the use and interpretation of the information made available by MARVIN as well as the actions and advice he deduces therefrom in the context of his professional practice. MARVIN will only be liable for any legal guarantees applicable to its service, to the exclusion of any other guarantee.
MARVIN's liability for direct and proven damage caused to the Customer is limited to the amount of the order in question. Under no circumstances will MARVIN be held liable for indirect, incidental or special damages as defined by the case law of the French courts.
MARVIN shall not be held liable for: (i) damages due to the Customer's failure to perform its obligations; (ii) any financial or commercial loss such as, for example, loss of profit, loss of customers, loss of data, any commercial disturbance whatsoever, loss of orders, which constitute unforeseeable and indirect damages and therefore do not give rise to any right to compensation.
MARVIN cannot be held liable for non-performance of the contract in the event of force majeure as defined by article 1218 of the French Civil Code and the French courts, or in the event of damage caused by a third party or attributable to the Customer's improper use or non-conforming use of the services, in violation of MARVIN's instructions or good practice.
8. ARTICLE 8 - Intellectual property
The service, as well as all data appearing on the Site, is protected by copyright and database rights in accordance with the French Intellectual Property Code. These elements may under no circumstances be reproduced, represented, lent, exchanged, sold, distributed or transmitted, even partially, except in cases expressly authorized by law or provided for in the contract. The functionalities of the service may not be used to infringe or misappropriate these intellectual property rights.
The Customer agrees not to use the service for purposes other than those expressly provided for in the contract, nor to distribute, publish, sell or exchange in any way whatsoever the content accessed, and more generally not to infringe, directly or indirectly, in any way whatsoever, MARVIN's rights.
The Customer undertakes not to reconstitute or attempt to reconstitute, from the data and/or by means of the service, a database intended to offer, directly or indirectly, free of charge or for a fee, the same or a comparable service to any third party to his company, with the aim of circumventing the personalisation of access to the service from which he benefits.
More generally, the Customer undertakes not to infringe the intellectual property rights held by MARVIN on the service or any other element appearing on the Site protected by an intellectual property right, including trademarks and logos.
9. ARTICLE 9 - Confidentiality of customer data
The provisions concerning the protection of personal data as derived from the Loi Informatique et Libertés dated January 6, 1978 amended by the Loi du 20 juin 2018 relative à la protection des données personnelles and the European Regulation on the Protection of Personal Data ("RGPD") are located in an appended document entitled "Privacy Policy" accessible at the following link: https: //marvinrecruiter.com/politique-de-confidentialite/
10. ARTICLE 10 - Insurance
Each of the Parties undertakes to maintain in force, for the entire duration of the contract, with a solvent insurance company, an insurance policy guaranteeing damage that may occur to its property and personnel, as well as a policy covering its professional liability, so as to cover the financial consequences of bodily injury, material and immaterial damage for which it would be responsible, caused by any event and which would be the act of its collaborators and/or partner companies during the execution of the contract.
11. ARTICLE 11 - General provisions
The contract shall be interpreted and governed in accordance with French law, without regard to principles of conflict of laws.
If any provision of these GCSU or its application to any person or circumstance is held to be invalid, such invalidity shall not affect the other provisions or applications of these GCSU, which shall remain in force, separately from the provision held to be invalid. To this end, the provisions of these GCSU are declared autonomous.
The Commercial Court of Paris shall have sole jurisdiction to hear disputes of any kind, whether on the merits or in summary proceedings, or disputes relating to the interpretation or execution of these GCSU, notwithstanding plurality of defendants, incidental claims or warranty claims.
The Parties agree that all written documents, in particular electronic documents, exchanged between them, as well as all data, in particular technical data, are authentic and valid proof of the content of their exchanges and commitments.
MARVIN can be contacted at any time by e-mail at the following address: support@marvinrecruiter.com or via the chatbot on the site at https://www.marvinrecruiter.com/.
Appendix. - Privacy policy
This privacy policy (hereinafter, the "Privacy Policy") is provided by MARVIN ("société par actions simplifiée" under French law, registered in the Paris Trade and Companies Register under number 907981237, whose registered office is located at 126 rue Saint Maur, 75011 - PARIS, hereinafter, "Marvin") as the controller of personal data collected during your consultation/navigation of our website www.marvinrecruiter.com (the "Website").
You can contact Marvin:
- by e-mail at this address: support@marvinrecruiter.com or,
- by mail at the address indicated above.
Marvin is particularly sensitive to the respectful treatment of personal data of users browsing its Website with regard to the EU Regulation 2016/679 on data protection and the consolidated version of Law No. 78-17 of January 6, 1978, relating to data, files and freedoms (collectively, applicable "Regulation") under the following conditions.
Appendix. ARTICLE 1 - Data collected and purposes
When you browse our Site, we may collect the following information:
- information relating to the identification of your terminal when you browse the Site by means of cookies (please refer to article 7 below);
- your e-mail address, when you request a demo from Marvin, your first and last name, the name of your company, your current position, your e-mail address, your telephone number, if you are already equipped with a solution, the number of people who will use the Marvin solution, the type of profile you are recruiting, as well as any other information you may wish to include in your message accompanying your demo request. Marvin collects this information in order to contact you again for a demo of our products.
- Your last name, first name, e-mail address, proof of identity (if necessary, in case of doubt about your identity and for security reasons) when you exercise your rights (under the conditions indicated in article 6 of the Privacy Policy), in order to respond to your exercise requests.
- When you request a demo, we may offer you session registration, only if you accept it. In this situation, we collect information about your voice, your image and our exchanges. These recordings are only intended for Marvin, as indicated below, with a view to improving our marketing performance.
- Any information you choose to provide in the chatbot (provided by Livechat),
- Information marked with an asterisk (*) is mandatory when you request a demo. If you do not wish to provide this information, you are duly informed that your request may not be relayed to Marvin.
Appendix. ARTICLE 2 - Legal basis for our processing operations
The information referred to above is collected on the following legal grounds:
- The validation of the "cookies" banner present on the Site allows the collection of your consent (we invite you to refer to article 7 of the Privacy Policy);
- Your consent to the communication of your data, when you request a demo, by checking the corresponding box;
- Your consent to the collection of your data and responses to your requests when you communicate your data to Marvin in order to exercise your rights (as defined in Article 6 of the Privacy Policy) and the performance of legal obligations of Marvin to fulfill your request;
- Your consent to record our conversations during our demos, by clicking on the button during the recording proposal.
If, after having given us your consent, you change your mind and no longer consent to our contacting you, collecting your information or disclosing it, you may notify us by contacting Marvin :at the following address:
- support@marvinrecruiter.com,
- by mail at the following address: Marvin, 126 rue Saint Maur, 75011 Paris.
Appendix. ARTICLE 3 - Recipients of your data
The recipients of your data are:
Marvin, its internal teams (commercial, operational and legal), ;
Marvin's subcontractors:
For hosting services: Amazon Web Services (38 avenue John F. Kennedy, L-1855 Luxembourg) https://aws.amazon.com/privacy/?nc1=f_pr
Cookies: please refer to article 7
Chatbot: Crisp (2 BD DE LAUNAY 44100 NANTES, FRANCE) https://crisp.chat/fr/privacy
Demos: Google meet https://policies.google.com/privacy?hl=fr
Loom (3338 17TH St 100 San Francisco, CA, 94110-7213 United States) https://www.loom.com/privacy-policy
Demo videos are for Marvin's internal use, in order to improve our marketing performance.
Marvin informs you that, in connection with its requests for demos and demo registration, where applicable, your data may be transferred outside the European Economic Area (the "EEA") to the United States via our Google subcontractors (for demos and cookies). Marvin informs you that it has carried out prior checks on transfers outside the EEA and on the guarantees provided by these subcontractors. These transfers are made on the basis of Google's standard contractual clauses available on their website.
Marvin's use and transfer of information received from Google APIs to any other application will comply with the Google API Services User Data Policy, including limited use requirements.
Multidiffusion : XTRAMILE - 11 remparts Saint Thiebault - 57000 Metz https://xtramile.io/privacy-statement
HELLOWORK - 2 rue de la Mabilais, 35 000 Rennes -https://www.hellowork.com/fr-fr/page/pdc.html
Appendix. ARTICLE 4 - How long we keep your data
The data collected by Marvin within the framework of the present are preserved for the duration necessary to the finality of the treatment or to answer obligations of a legal or lawful order and this in the respect of the legislation and Regulation in force, namely:
- Data collected when you browse the Site (cookies): this information is deleted for a maximum of 3 years in the form of a cookie in your browser. Please refer to article 7 and our cookie policy for more information;
- Data collected during your use of Marvin is kept for a period of 2 years. Marvin Recruiter undertakes to inform you of the obsolescence of your data within a maximum period of sixty (60) days before their expiration.
- Upon request for deletion of your account, your data will be deleted within a maximum period of thirty (30) days.
- Data collected when requesting a demo: this data is kept for a maximum of thirty (30) days from the date of your demo request;
- Data collected in connection with the management of your rights: this data is deleted for one (1) year if you exercise your right of access and rectification from the date of receipt of your request, and for three (3) years if you exercise your right of opposition from the date of receipt of your request;
Appendix. ARTICLE 5 - Marvin's obligations
As the person responsible for the processing operations defined herein, Marvin undertakes to:
- implement all appropriate technical and organizational measures to ensure the security of the processing carried out, guarantee the protection of your rights and meet the requirements of the Regulations, when browsing and using our Site;
- restrict access to your data to persons duly authorized for this purpose;
- have made its staff aware of and trained them in data processing, the provisions of the Regulations in force and their consequences;
- never transfer your data, in any way whatsoever, to a third party without having duly informed you in advance;
- guarantee all your rights of information, access, portability, deletion, rectification, opposition, limitation to your data collected under the conditions defined in article 6 of the Privacy Policy;
- notify the relevant supervisory authority (the Commission Nationale de l'Informatique et des Libertés or CNIL) and yourself, where applicable, of any security breach presenting a high risk to your rights and freedoms within seventy-two (72) hours of the breach being discovered, if required by the Regulations;
- delete your data within the time limits specified in article 4 hereof.
Appendix. ARTICLE 6 - Your rights to your data
We inform you that you have important rights concerning your data, namely:
- Right to information;
- Right of access;
- Right of rectification;
- Right to erasure;
- Right to limitation of processing;
- Right of opposition,
- Right of portability,
on your personal data.
You can validly exercise your rights by writing an email to support@marvinrecruiter.com, or by mail, to the address: Marvin, 62 rue du Faubourg Poissonnière, 75010 Paris.
In this context, Marvin may request evidence of your identity to prevent the risk of identity theft. Marvin will have a period of one (1) month from receipt of the request to respond (except particularly complex requests).
In addition, if you consider that your rights are not respected, you can submit a complaint to the competent supervisory authority. In France, this is the Commission Nationale de l'Informatique et des Libertés or "CNIL", 3 Place de Fontenoy, 75007 Paris - Tel: 01 53 73 22 22. For further information, please consult the following link: https://www.cnil.fr/ .
Appendix. ARTICLE 7 - Cookies
A cookie is a text file stored on the hard drive of your device by your browser when you visit our Website in order to recognize the terminal concerned each time you access digital content containing cookies from the same sender.
Marvin may store the following cookies:
Cookie / Lifetime / Purpose
Statistics cookie:
Google analytics 26 months / audience measurements
Marketing and social media cookie:
Crisp 90 days
Hotjar 1 year
Continuous improvement:
Google analytics / 26 months / advertisements
Essential cookies are not subject to your consent.
You can consent to cookies by clicking on the appropriate "ok, accept all" tab on the information banner that appears when you visit the website. You can also refuse cookies by clicking on the appropriate tab "refuse all" and/or by activating your browser setting. Marvin would like to inform you that it uses the services of Axeptio Cookies to enable you to optimize your settings. We will save your consent for a maximum of six (6) months before asking for it again.
You can also configure your cookies via your browser settings as follows. However, you are informed that refusing cookies may result in the impossibility of browsing / using the functionalities available on the Site.
Browser and Settings:
Internet Explorer
- Click on the settings menu, then on "Internet Options";
- Under the "General" tab, top left, scroll down to "Browsing History";
- Check the boxes "Temporary Internet files and website files", "Cookies and website data", "History" and "Download history";
- Click on "Delete";
- Close Internet Explorer and open it again for the changes to take effect.
Firefox
- Click on your toolbar;
- Click on "Preferences";
- In the right-hand menu, select "Privacy";
- Under the "History" option, there is a shortcut entitled "Clear your recent history", click on it;
- Select only the first four options and click on "Clear now".
Safari
- Click on "Safari" in the top left-hand corner of the slimmer bar;
- Click on "Preferences";
- Click on the "Privacy" tab;
- Click on "Manage website data";
- Click on "Delete all";
- Click on "Delete now".
Google Chrome
- Click on the Tools menu;
- Click on "More tools";
- Delete browsing data;
- At the top, choose a time slot.
- To delete everything, select "All the time";
- Next to "Cookies and other site data" and "Images and cached files", check the boxes;
- Click on "Clear data".
Appendix. ARTICLE 8 - Updates to this privacy policy
This Privacy Policy is subject to change. Any diminution of your rights under this Privacy Policy will not be enforced without your express consent. We will post any changes to the privacy policy on this page and, in the case of material changes, we will post a prominent notice (including, for certain services, e-mail notification).
If Marvin is acquired by or merged with another company, we will maintain the confidentiality of your personal data and inform you before it is transferred or made subject to new privacy policies.
Appendix. ARTICLE 9 - Questions and contact details
If you wish to exercise your rights or simply require further information, please contact us at support@marvinrecruiter.com, or by post at: MARVIN, 126, rue Saint Maur, 75011 Paris.
Privacy policy updated: January 29, 2025
