Terms and Conditions: Partners
Terms and Conditions for Partners
Last updated: 9 March 2021
Article 1 – Scope
These terms and conditions (hereinafter “Terms and Conditions”) of the online platform Modern Metier located at www.modernmetier.com (hereinafter “Platform”) govern all contractual relationships between Modern Metier SAS, a simplified joint-stock company with a capital of 2.000€ and registered office at 20 Rue Meynadier, 75019, Paris, France (hereinafter “Modern Metier”) and the parties set out below:
- any legal or natural person who wishes, as a professional, to join the Platform as a member, to offer products or services for sale on the Platform (hereinafter “Seller” or “Sellers“) to legal persons or natural persons of at least 18 years of age acting as consumers (hereinafter “Users”);
- any architect or interior designer (hereinafter “Service Provider” or “Service Provider”) who wishes, as a professional, to join the Platform as a member, and to accept the promotion of their profile and their services on the Platform to Users.
Sellers and Service Providers are jointly referred to as “Partners” (or “Partner”).
The purpose of the Terms and Conditions is to define the conditions of use of the Platform by the Partners, the minimum conditions of sale of the products and services marketed on the Platform, as well as the conditions of promotion of the services of the Service Providers to Users. The conditions of use of the Platform by Users are governed by separate general conditions of use, which are also available on the Platform. Any use of the Platform by a Partner constitutes unreserved acceptance of the Terms and Conditions in force, with the exclusion of any other condition that has not been previously and expressly accepted in writing by Modern Metier. The fact that Modern Metier does not avail itself of a right stipulated in the Terms and Conditions cannot be interpreted as a waiver of its use in the future. Modern Metier reserves the right to modify the Terms and Conditions at any time and will inform the Partners by email of the modifications made. A visit to the Platform immediately following receipt of this information will result in the Partner’s acceptance of the new Terms and Conditions.
The Terms and Conditions have priority over any other contractual document, irrespective of the form or medium. However, it is expressly understood that any commercial partnership concluded by Modern Metier and involving functions and services not expressly included in the description of the Platform must be the subject of special conditions and / or a separate agreement.
Article 2 – Description of the Platform
2.1 Indexing of Sellers
The Platform managed and operated by Modern Metier grants Users access to product and service offers offered (hereinafter “Offers“) by Sellers selected by Modern Metier, with the goal of purchasing these products and services. Modern Metier acts only as an operator of an online platform connecting Users and Sellers within the meaning of Article L.111-7 of French Code de la Consommation. Modern Metier therefore does not take any part in the transactions that are likely to be concluded between Users and Sellers via the Platform but offers to facilitate them through various tools offered on the Platform including but not limited to the selection, indexing and scheduling of Offers, search engine, messaging tool and payment.
2.2 Indexing of Service Providers
The Platform managed and operated by Modern Metier also indexes Service Providers, permitting them to promote their architecture and interior design profiles and services to Users, through various promotional tools including but not limited to content containing photographs, images and text descriptions of projects carried out by Service Providers.
The Platform also allows Service Providers to offer their services to Users (hereinafter “Offers“) and to manage missions ordered by Users via the Platform. Modern Metier acts only as an operator of an online platform connecting Service Providers and Users within the meaning of Article L.111-7 of the French Code de la Consommation. Modern Metier therefore does not take any part in the transactions that are likely to be concluded between the Service Providers and the Users via the Platform but proposes to facilitate them through various tools offered on the Platform including but not limited to the selection, indexing and scheduling of Service Providers, search engine and messaging tool.
2.3 Features for Users
The Platform allows Users to carry out a targeted and crossed search on the Platform using tags, categories or keywords defined by Modern Metier. The Platform allows Platform Users to create a personal account (hereinafter “Registered Users”).
Each account created on the Platform allows Registered Users to benefit from certain features (hereinafter “Features”), including but not limited to the ability to purchase certain products offered by Sellers, request and approve quotes from Partners, select certain content and save them in their dedicated personal space, to create a project brief using a questionnaire and to contact Partners whose profile is the most compatible in accordance with the information provided.
Article 3 – Indexing of Partners and Opening and Use of Partner Accounts
Indexing of Partners: Any legal or natural person who wishes to promote their products or services on the Platform must first be reviewed by Modern Metier according to predefined criteria relating, in particular, to their activity, products or services. To do this, the candidate is invited to follow the procedure provided on the Platform and, in particular, to fill in the required information including but not limited to the name, email address, details of their activity and to accept the Terms and Conditions. Modern Metier will then contact the candidate in order to carry out the aforementioned review. At the end of this procedure, Modern Metier will decide in a discretionary manner, and without any liability being incurred, whether the candidate is to be listed on the Platform as a Partner.
Opening and use of Partner accounts: The listing of a Partner becomes effective when the Partner confirms the opening of their account on the Platform by using the hypertext link sent to him or her by email at the end of the review process. Each Partner guarantees that the information provided during its listing is accurate and undertakes to update it regularly in order to guarantee its accuracy at all times as well as to provide all the supporting documents required by Modern Metier, upon request. Only one account can be opened per Partner on the Platform. The Partner undertakes to use their account for personal, confidential and non-transferable purposes. The Partner is responsible for the consequences of the loss or misappropriation of their account and undertakes to inform Modern Metier immediately.
Complimentary service: Subject to the conditions specified in Article 7 of the Terms and Conditions, opening an account and being indexed on the Platform are free for Partners.
Authorisation to use content: The Platform allows Partners to publish content including but not limited to photographs, images and text. All content published on the Platform is protected by copyright and / or related rights. The Partners retain ownership of the content. By opening an account on the Platform, the Partner grants Modern Metier, without financial compensation, the non-exclusive right to use, reproduce, transform, adapt, present or display publicly, modify, create derivative works, publish, send and distribute this content. The Partner generally accepts that Modern Metier can use its content in any way that is deemed appropriate or necessary for the Platform. This authorisation is granted only for personal use and for use limited to the Features promoted on the Platform.
Article 4 – Promotion of Offers
Promotion of Offers: Partners use the Platform to promote their Offers to Users. To this end, the Partners undertake to comply with all applicable regulations. The Partners also undertake that the promotional tools faithfully reflect the products and services that may be offered to Users.
Selection of indexed Partners: The Partner profiles offered to Users registered on the Platform are listed by name and are sorted according to the needs provided by registered Users including but not limited to the type of products or services and budget.
4.1 Characteristics of Offers
The Offers marketed by the Sellers on the Platform comply with the applicable French regulations. They are described as precisely as possible by the Sellers including but not limited to the identity of the Partner, presentation of the Offers, photographs, delivery times via an online account reserved for this purpose which allows them to comply with the public order obligations governing distance selling to consumers and, in particular, article L.221-5 of the French Code de la Consommation. When presenting Offers the Seller will use their best endeavors to preserve the very good image of the Platform. The photographs used by the Sellers to present the Offers have no contractual value vis-à-vis Users. If necessary, Users are invited to contact Modern Metier customer service or the Seller, via the messaging tool on the Platform, to obtain further clarification.
The Sellers freely set the price of the Offers they make via the Platform. This price is mentioned in euros, excluding taxes or including all French taxes (French VAT and other applicable taxes). Offers are invoiced on the basis of the prices applied at the confirmation of the order. In the event that an abnormally low price is indicated on the Marketplace due to a technical or human error, Modern Metier reserves the right to ask the User to supplement the price already paid or to allow him or her to cancel their order with a reimbursement of all sums already paid.
The Offers are marketed on the Platform within the limits of available inventory. In the event of a depletion of inventory, the Seller undertakes to indicate this clearly on the space reserved for this purpose and / or to make it impossible to purchase the relevant Offer. Despite all the precautions taken, an ordered Offer may exceptionally no longer be available. In such an event, the Seller undertakes to immediately inform Modern Metier and the User who, if applicable, will entail the reimbursement of all the sums paid by the User using the same means of payment.
Prior to posting an Offer online on the Platform, the Seller has the obligation to send Modern Metier a copy of the Offer which will be published on the Platform. The Seller has the obligation to publish on the Modern Metier site the complete description of the Offer for its publication, including in particular a detailed description of the product (s) (dimensions, materials, colors), the price, the delivery conditions and the associated taxes. This transmission must be made within a reasonable period of time before it is published online on the Platform to allow Modern Metier to become aware of the characteristics of the Offer and, if applicable and on condition of providing the justification, to oppose the publication of the Offer. In this context, Modern Metier makes no assessment of any kind on the validity of the Offer with respect to the regulations, which are the sole responsibility of the Seller.
4.2 Characteristics of Service Provider Offers
The Offers sent by Service Providers to Users via the Platform’s communication tool or outside of the Platform comply with the applicable French regulations in force. When presenting Offers the Service Provider will use its best endeavors to preserve the very good image of the Platform. The promotional tools including but not limited to photos used by the Service Providers to present the Offers have no contractual value vis-à-vis Users.
The Offers made by Service Providers to Users via the Platform are detailed and clearly indicate the mutual obligations of each. The Offers specify in particular (1) the exact scope of the missions entrusted to the Service Provider and which they undertake to fulfill on behalf of the User, (2) the terms of the freely negotiated remuneration of the Service Provider, (3) the method of payment of the Service Provider’s fees, (4) the precise deadlines that the Service Provider must respect, during the design phase, for the execution of the various documents, (5) the insurances including but not limited to professional liability and damages that the Service Provider services and the User, as the contracting authority, are required to maintain.
Service Providers freely set the price of the Offers they offer via the Platform. This price is given in euros, excluding taxes or including all French taxes (French VAT and other applicable taxes), and is broken down according to the nature of the services and works offered to the User. In the event of a project ordered via the Platform requiring works, the Offer price should include the estimated amount corresponding to the works, in addition to the amount of the Service Provider’s fees. This price is subject to free negotiation between the parties.
Concomitantly with the communication of an Offer to a User, the Service Provider has the obligation to send Modern Metier a complete copy of the Offer. In this context, Modern Metier does not make any assessment of any kind on the content or validity of the Offer with regard to the regulations, which are the sole responsibility of the Service Provider.
Article 5 – Responsibility of Partners
Modern Metier reserves the right to bring any action for compensation for damages suffered as a result of a Partner’s failure to comply with its legal obligations.
The Partners undertake to comply with all the stipulations provided for in these Terms and Conditions.
General behavior of Partners: Partners undertake to adopt irreproachable behavior at all times and to use their best endeavours to preserve the very good image of the Platform. The Partners undertake to provide correct and precise information. In particular, the Partners undertake to (1) process, in French or in English, any request addressed to them by Users or Modern Metier within a maximum delay of 48 hours from the sending of the request, (2) justify a negative evaluation of one or more Users, who are invited to evaluate the Partners at the end of the transactions concluded via the Platform according to predefined criteria or to leave a written comment. Modern Metier ensures control of these evaluations and comments and retains the right to make them visible on the Platform, but also of removing without notice any evaluation, comment or other content that has been reported as illegal. The evaluations left by the Users are dated, nominative, private and made visible to any visitor to the Platform at the discretion of Modern Metier.
Legal and commercial guarantees owed by the Partners: The Partners must be insured to cover all the acts that engage their professional liability.
5.1 Responsibility of Service Providers
Duty of care: Service Providers are bound by a duty of care which is exercised throughout the missions entrusted by Users of the Platform. At the design stage, the Service Provider warns the User of the feasibility of the operation, gives the necessary warnings to the User including but not limited to imperfections of works, the possibility of exceeding the planned budget and risks of the planned construction on neighboring buildings. At the construction stage, the Service Provider advises the User on the quality and characteristics of the materials used, on the choice of building companies. At the reception stage, the Service Provider should alert the User of all apparent defects and poor workmanship. All warnings should be sent in writing.
5.2 Responsibility of Sellers
Confirmation of orders by Sellers: Sellers undertake to confirm without delay the orders they receive from Users and, in any event, no later than 48 hours from the notification of the order sent by Modern Metier that contains all the necessary information for Sellers to perform their obligations. In the event of absence or unavailability for more than 48 hours, Sellers can temporarily suspend the availability of their Offers by using the procedure provided for this purpose on the Platform.
Delivery of Offers by Sellers: Sellers are responsible for the preparation and the organisation of the delivery of orders to the Users. Sellers freely define the methods, times and costs of delivery of the Offers they offer for sale on the Platform. This information is communicated by the Sellers to the Users when they place an order, in compliance with the rules of public policy set out in the French Code la Consommation. While delivery times are given for information purposes only, Partners are requested to make every effort to comply with them. Any shipment of an order must be notified by the Seller to the User by sending an email allowing the Offer to be tracked. In the event of late delivery, the User may cancel their order, by registered post with acknowledgement of receipt or in writing on another durable medium addressed to the Seller, if, after having instructed the Seller to employ the same methods of delivery or to provide an alternative method of delivery of within a supplementary and reasonable timeframe, the Seller has not complied within this timeframe. In such an event, the order will be considered canceled upon receipt by the Seller of the letter or other medium informing the Seller of this cancellation, unless the Seller has complied with the delivery of the Offer in the meantime. In the event of the aforementioned cancellation of an order, the User will be reimbursed for all sums paid, no later than 14 days following the date of cancellation. Any delivery is accompanied by a delivery document, a withdrawal notice, and an invoice allowing the User to be able to exercise their guarantees.
Users’ right of withdrawal: Users are informed of the existence (or absence) of their right of withdrawal and the manner in which the right is to be exercised in the separate general conditions of use that are applicable to them and that are also available on the Platform. To exercise their right of withdrawal, Users are invited, before the expiry of the 14-day period provided for by the regulations, to notify their decision of withdrawal to the Seller and to Modern Metier by means of a clearly worded statement on a durable medium including a registered letter sent by post or by email. When provided, Users can also use the online procedure provided by the Seller whereby an acknowledgment of receipt is sent without delay by the Seller. After exercising their right of withdrawal, Users are invited to return the product concerned by post to the Seller, in its original packaging and in perfect condition for resale (undamaged, damaged or soiled), accompanied by all its accessories, the purchase invoice and the return slip issued by the Seller, perfectly protected, without undue delay and no later than 14 days after having communicated to the Seller their decision to withdraw. This deadline is deemed to have been met if the goods are returned before the expiration of this deadline. Unless otherwise provided, the costs and risks associated with the return are the sole responsibility of the Users. In the event of withdrawal, all payments received, including delivery cost, with the exception of additional costs arising from the fact that the User has chosen a delivery method that is not the same as the least expensive delivery method offered by the Seller, will be refunded by Modern Metier to the User without undue delay and no later than 14 days from the day on which the Seller was informed of the withdrawal decision. The reimbursement may be deferred until the Seller has received the goods concerned or until the User has provided him or her with proof of shipment of the goods. Furthermore, the responsibility of Users who exercise their right of withdrawal shall apply only if the deterioration in value of the property is attributable to the goods having been handled in a manner other than that necessary for ascertaining the nature and functioning of the good.
Legal and commercial guarantees owed by the Sellers: All products, tangible movable property, sold on the Platform by the Sellers benefit from the legal guarantee of conformity and product liability requirements in the conditions of articles L.217-4 and following of the French Code la Consommation and 1641 of the French Code Civil as well as, where applicable, the manufacturer’s contractual guarantee. Users are informed of the existence of these guarantees and their terms of exercise in the separate general conditions of use that are applicable to them and that are also available on the Platform. In the event of non-compliance or a product default, the User is required to address their complaint to the Seller using the messaging tool provided on the Platform. Users can contact Modern Metier customer service to obtain the Seller’s contact details. Returned products must be accompanied by all their accessories, the purchase invoice, the return slip issued by the Seller, perfectly protected and sent by post, at the risk and expense of the User, to the address provided by the relevant Seller. The exercise of these guarantees takes place at no cost for the User, in accordance with Article L.217-11 of the French Code la Consommation, on the condition, however, that the latter is justified in requesting the exercise of these guarantees. Thus, depending on the evidence provided by the User to the Seller in the context of the exercise of one of these guarantees, the Seller undertakes all necessary steps which will allow the User to return the product without having to bear the costs.
Disputes between Sellers and Users: In the event of a complaint and / or dispute relating, in any way, to the relationship between a User and a Seller including but not limited to late delivery, default of payment, and non-compliance of a product, the Seller and the User concerned are invited to exchange by any means, including the use of the communication tool provided by the Platform, in order to find an amicable solution.
Article 6 – Responsibilities of Modern Metier
General: In general, Modern Metier undertakes to engage their best efforts to ensure that the Platform and all the Features offered on the Platform operate as efficiently as possible including but not limited to the indexing and scheduling of Partners, search engine and messaging tool.
Right to publish content: Modern Metier retains the discretion to publish content, specifically photographs and texts of the Partners on the Platform. Modern Metier also retains the right to choose the terms and keywords associated with each photograph. Modern Metier reserves the right to modify, refuse to publish or delete any content published by a Partner, in whole or in part, for any reason whatsoever, in particular when this content damages the image of the Platform or is incompatible with the objectives of the Platform and without notice. Modern Metier cannot guarantee the publication of all content.
Collection of sums due by Users: Modern Metier, with the help of a specialised payment provider, collects the sums due on the Platform in the name of and on behalf of the Seller concerned and remits them to the Seller within 28 days from the date of receipt of delivery by the User. The sum collected includes the price, associated taxes and delivery costs. For all intents and purposes, it is clearly specified that Modern Metier is in no way jointly or severally liable for the sums owed by Users to Sellers. In exceptional cases, Modern Metier reserves the right to suspend an order and to ask a User for any additional information in order to guarantee the absence of fraudulent use of a means of payment. Modern Metier also reserves the right to cancel or refuse any order from a User with whom there is a dispute relating to the payment of a previous order. The products ordered remain the property of the Seller concerned until their full payment by the Users.
Technical limits: The Platform is accessible 24 hours a day to any Partner with Internet access, subject to force majeure and maintenance periods. Modern Metier undertakes to use all reasonable means at its disposal to provide the Partner with uninterrupted access to the Platform. However, Modern Metier reserves the right to interrupt access to the Platform for maintenance purposes or for any other reason it deems necessary, without this suspension giving rise to the Partner’s liability or right to compensation.
If a technical problem renders access or use of the Platform impossible, Modern Metier undertakes to employ its best efforts to implement all the technical solutions available to Modern Metier so that access is restored. In the event of a problem related to the use of the Platform, Users are invited to contact Modern Metier directly using the contact procedure provided for this purpose on the Platform and / or by telephone on +33 (0) 6 49 49 90 62 (Monday to Friday 9:30 a.m. to 6 p.m.) and / or by email by writing to email@example.com.
The Partner is solely responsible for the proper functioning of the computer equipment which allows him or her to access the Platform. Under no circumstances will Modern Metier be liable for any damage that may occur on the Partner’s computer system and / or for the loss of data resulting from the use of the Platform by the Partner.
Article 7 – Financial Conditions
Intermediation commission for Sellers: In return for the intermediation service that the Platform provides to Sellers, Modern Metier will be remunerated by a commission whose amount is based on each transaction carried out on the Platform in the name and on behalf of the Sellers. The standard commission Rate is 23% of the List price (Basis). The List price refers to the price of the product or service displayed on Modern Metier, including applicable VAT. The Basis and Rate of this standard commission also apply to sales made to Professionals consumers, regardless of the potential discount and reductions offered by the seller. A Professional consumer is a User who has a company registration number and VAT identification number. Modern Metier may, at its discretion, offer a different commission rate to the Seller, which must be agreed upon in writing between Modern Metier and the Seller via email or postal letter. As service provider, the intermediation commission invoices issued by Modern Metier will include VAT, according to applicable regulations.
Payment of Sellers: Modern Metier undertakes to invoice Sellers in strict compliance with the economic and tax regulations in force, and in particular Article L. 441-3 of the French Code de Commerce. This invoicing is issued once the sums collected in the name and on behalf of the Seller have been paid to him by Modern Metier.
All receivables and debts that arise between Modern Metier and a Seller in respect of the execution of the Terms and Conditions including but not limited to the sums paid by Users to Modern Metier on behalf of the Seller, intermediation commissions due by the Seller to Modern Metier, refunds made by Modern Metier intended for use in the event of cancellation of an order by the Seller or in the exercise of the right of withdrawal or of a legal guarantee, are related and indivisible and may be offset against on another even though the conditions required for legal compensation would not be met, given that it is clearly outlined that Modern Metier is in no way joint or severally liable for the sums due by the Users to the Seller. Consequently, Modern Metier may offset the amount of sums due by the Seller to Modern Metier with sums received from Users.
Intermediation commission for Service Providers: In return for the marketing and communication service the Platform provides to Service Providers, Modern Metier will be remunerated by a fixed flat rate based on each transaction carried out via the Platform by Members, equivalent to 10% of the amount of fees including taxes, of the services offered.
Payment of Service Providers: Modern Metier undertakes to invoice Service Providers in strict compliance with the economic and tax regulations in force, and in particular with Article L. 441-3 of the French Code de Commerce. This billing is issued once the User has accepted the Service Provider’s Offer. These invoices are payable within fifteen working days of their receipt.
Processing fee: Modern Metier reserves the right to charge the Seller a processing fee (hereinafter the ‘Processing Fee’) in the following circumstances:
- The Buyer exercised their right of withdrawal of the Offer;
- The Seller instigated the cancellation of the Offer;
- The Buyer opened a dispute because the Offer received was not as described and the Seller was found to be responsible by the payment institution or Modern Metier.
The Processing Fee will be calculated as a percentage of the total amount of the sale and will be charged to the Seller in the following calendar month. The Processing Fee is 1.40% for transactions made in the European Economic Area and 2.9% for transactions made outside of the European Economic Area.
Article 8 – Intellectual Property
Website: The Platform operated and managed by Modern Metier, as well as the categories, tags or keywords defined by Modern Metier are original works requiring editorial work and significant investments and are protected as such by copyright and by data production laws. Any unauthorised reproduction or imitation, in any way, will expose the infringer to an action based on the violation of the intellectual property rights of Modern Metier, without prejudice to any action for unfair competition or parasitism.
All the data on the Platform is collected, structured and classified by Modern Metier, which checks and updates them constantly. As such, Modern Metier benefits from the protection granted to database producers by article L341-1 of the French Code de Propriété Intellectuelle. Consequently, any extraction or reuse, by any means, of all or part of the database contained on the Platform is strictly prohibited and may be the subject of legal proceedings. Any Partner who possesses a personal website and who wishes to place a hypertext link on this website referring directly to the Platform must request prior written authorisation of Modern Metier. In any event, any link, whether authorised or not, will be immediately removed upon written request by Modern Metier.
Content: All content on the Platform is protected by copyright. Modern Metier has been authorised by the rights holders concerned to use the content as part of the use of the Platform in accordance with the Terms and Conditions. For this reason, any reproduction, representation, adaptation, translation and / or transformation, partial or complete, of these contents, by any means, without the prior written authorisation of their beneficiaries, is strictly prohibited. Copies for private use would constitute an infringement punishable in particular by articles L. 335-2 and following of the French Code de Propriété Intellectuelle and would engage the responsibility of their author.
Trademarks: All trademarks registered on the Platform are trademarks registered (i) by Modern Metier, or (ii) by a Partner or any other third party who has expressly authorised Modern Metier to use them for the purposes of the features and services offered by the Platform. Any reproduction or total or partial use of these trademarks without the prior written authorisation of the rights holder constitutes acts of infringement and, where applicable, of unfair competition, liable to prosecution.
Graphic design: All elements relating to the Platform including but not limited to models, visual identity, interfaces, tags, database structure and categories including the underlying code are the exclusive property of Modern Metier. The intellectual property rights attached to the Platform and each of the elements created for it are the exclusive property of Modern Metier which does not grant any right other than that of consulting the Platform and using it in accordance with the Terms and Conditions. Reproduction, representation and / or modification of any page or content on the Platform is strictly prohibited.
Article 9 – Protection of Personal Data and Cookies
Modern Metier strives to protect the privacy of Partners of the Platform in accordance with current French regulations. The information collected during the Partner’s visits to the Platform and during registration is subject to computer processing declared to the French Commission Nationale de l’Informatique et des Libertés (CNIL). Modern Metier does not collect any information concerning the Partner without their knowledge and without their agreement.
To be able to create an account, the Partner must transmit identification data. The personal data collected is necessary to process and manage registrations. They are subject to computer processing. They also allow, according to the choices made by the Partner when requesting registration, the sending by Modern Metier of a newsletter. If the Partner no longer wishes to receive the newsletter or any other communication by Modern Metier, they can make the request at any time by writing to the following email address: firstname.lastname@example.org.
To become a Partner, the Seller must transmit information. Information marked with an asterisk is required for registration. In their absence, Modern Metier will not be able to process the Seller’s registration request. All other information is intended to allow Modern Metier to complete the profile of the Partner and is therefore optional. The Partner has the right to not answer them.
The personal data collected is intended solely for Modern Metier, who is responsible for their processing. The personal data may also be transmitted to Modern Metier service providers who help to manage the website and its database, all parties who are subject to an obligation of non-disclosure. The personal data will not be transmitted to third parties for advertising and prospecting purposes. Likewise, Modern Metier will not sell or rent any information or personal data transmitted by the Partner without its express prior consent.
The data collected is kept in a safe place and only authorised employees can access it. Electronic backup procedures for data collected on the Platform are also in place, in accordance with French legislation on personal data.
The personal data collected is not kept beyond 7 working days following the termination of the Partner’s registration to the Platform, with the exception of the names, first names and e-mail addresses of the Partners who have expressly agreed to receive the Modern Metier newsletter. This is the only personal data that is kept as long as the Partner has not requested their deletion from Modern Metier and in any case for a period not exceeding 3 years from the date of their collection.
In accordance with French Law N°78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, the Partner has a general right of access, rectification and deletion of all personal data concerning the Partner. The Partner also has the right to oppose, for legitimate reasons, the processing of this data. These rights can be exercised at any time by sending a clearly worded statement by email to the email address email@example.com. The Partner must prove their identity by attaching a copy of their identity document to their request and to indicate their email address or postal address, first name and last name.
Cookies: When a Partner visits the Platform, information relating to his navigation may be stored in text files called “cookies” placed on their device (computer, mobile or tablet), subject to their choices concerning cookies which can be modified at any time. Only the issuer of a cookie can read or modify the information it contains. These cookies are issued by Modern Metier in order to identify the features and pages that the Partner has visited, and more generally the Partners behavior during their visit of the Platform. Third-party cookies may also be placed to identify the features consulted and used on the Platform and thus to compile statistics. These cookies allow Modern Metier to know the use and performance of the website, to establish statistics, volumes of use and use of the various elements of the Platform including but not limited to the content visited and user paths, allowing Modern Metier to improve the interest and experience of the feature including but not limited to the most viewed pages or sections, in order provide better content based on geolocation, to keep a Partner logged in to the Platform, and to save the Partner’s preferences.
Finally, the IP addresses relating to visits of the Partner on the Platform are collected and kept for the production of statistics, after being anonymised.
For more information, the Partner can consult the CNIL website www.cnil.fr.
Interaction with social networks: Finally, the Platform uses third-party computer applications which allow the Partner to share the content of the Platform with other people or to let them know their opinion on the content. This refers to the case of the “Share” and “Like” buttons provided by social networks, such as Facebook, Pinterest and Twitter. When the Partner visits a page of the Platform containing this type of button, their browser establishes a direct connection with the servers of the social network and if the Partner is connected to the social network during their navigation, the buttons of the application make it possible to link the pages consulted on their account on the social network; if the user interacts by means of plug-ins, for example by clicking on the “Like” button or by leaving a comment, the corresponding information will be transmitted to the social network and published on their account on the social network.
If the Partner does not want the social network to link the information collected via the Platform to the Partner’s account on the social network, the Partner must disconnect from the social network before visiting the Platform. The Partner is invited to consult the privacy policies of these social networks to know the purpose of use, including advertising or the navigation information that is collected via these types of buttons.
Article 10 – Liability, Applicable Law and Jurisdiction
Liability: As an operator of an online platform connecting Partners and Users within the meaning of Article L.111-7 of the Code de la Consommation, Modern Metier does not take any part, of any kind, in transactions that are likely to be concluded between Partners and Users. In particular, all of the information provided by Partners and Users on the Platform is the sole responsibility of their authors. For these aforementioned reasons, Modern Metier can not be held responsible for (i) the creation, conclusion, execution or termination of transactions carried out due to the intermediary role of the Platform and any consequences or (ii) any dispute relating, in any way, to the relationship between a Partner and a User. Consequently, any dispute concerning the relationship between a Partner and a User must be resolved directly between the parties.
Furthermore, Modern Metier cannot be held liable in the event of the unavailability of the entire or part of the Platform.
Failure by a Partner to comply with the obligations provided for in the Terms and Conditions may result in the temporary or permanent suspension of access to the Platform, without delay or notice and without prejudice to any damages that Modern Metier may claim. The Partner is solely responsible for the use he makes of the Platform and undertakes to guarantee, at first request, indemnify and compensate Modern Metier for any damage, direct or indirect, that Modern Metier could suffer if its responsibility were found due to the use of the Platform by the Partner.
Applicable law: The Terms and Conditions are fully governed by French law.
Jurisdiction: All disputes that may arise regarding the existence, validity, interpretation, execution, non-performance and / or termination of the Terms and Conditions and their consequences, and more generally the relationship between Modern Metier and the Partners, will be subject, in the absence of an amicable settlement, to the exclusive jurisdiction of the Paris Commercial Court, subject to mandatory provisions or disputes which, due to their nature, must be brought before the Tribunal Judiciaire with territorial jurisdiction. Notwithstanding the aforementioned conditions, in the event that Modern Metier is sued before another jurisdiction, it reserves the right to appeal to the Partner in warranty before this jurisdiction.