Terms and conditions of use of the platform
Last update date: 04/11/2025
Here are the Terms of Use (TOU) for the Bambboo site, based on the information available on the site
1. Preamble
The present General Conditions of Use (hereinafter referred to as the "GCU") govern access to and use of the Bambboo platform (hereinafter referred to as the "Platform"), operated by the company BAMBBOO. Their purpose is to define the terms and conditions under which Users are authorized to access and use the Services offered by Bambboo, whether for the internal recruitment needs of the Client Company or, where applicable, for talent sourcing activities on behalf of third parties when the Client Company is a Recruitment Firm.
1.1. Introducing Bambboo
The Platform is published and operated by :
BAMBBOO Société par actions simplifiée (SAS) With a share capital of 1,250.00 Euros Registered with the Marseille Trade and Companies Register under number 925 176 638 Head office located at 6 Rue du Capitaine Jean Croisa, 13009 Marseille, France. (Hereinafter referred to as "Bambboo")
1.2 Purpose of the GCU
These GCU define the contractual conditions applicable to the use of the Platform and associated Services by Users. The Services mainly consist in the provision of a technological solution based on artificial intelligence, aimed at automating and optimizing talent sourcing and cooptation, by exploiting the professional networks of Users authorized by the Corporate Client. Depending on the nature of the Corporate Customer, the Services are designed either to facilitate its internal recruitment, or to optimize its sourcing activities on behalf of its own customers.
1.3. Acceptance of the GCU by Users
Access to and use of the Platform and Services, initiated via the Registration Link provided by the Corporate Customer, are subject to full and unreserved acceptance of these GCU by each User at the time of registration or first connection. Use of the Platform implies express acceptance of these GCU. The Corporate Customer ensures that all Users accessing the Platform via their Registration Link have read and accepted these GCU.
1.4. Associated Contractual Documents
These GCU form an indivisible contractual whole with the following documents, which shall prevail in the event of contradiction according to their order of priority:
The Commercial Contract concluded between Bambboo and the Corporate Customer, defining in particular the specific, financial and commercial conditions of the Services subscribed to.
The present General Conditions of Use (GCU).
Bambboo's Privacy Policy, accessible on the Platform, detailing the processing of personal data.
No other contract is concluded directly between Bambboo and the Users (Employees or others) in the context of the use of the Platform governed by these GCU, except for any specific agreement relating to the management of bonuses in the case of Recruitment Firms, as defined in the Commercial Contract.
2. Definitions
For the purposes of these TOU, the following terms shall have the meanings set forth below:
ATS (Applicant Tracking System): This refers to the application management software used by the client company.
Recruitment Firm: Refers to a Client Company whose main activity is to provide recruitment and talent sourcing services on behalf of third parties (its own clients).
Collaborator: Refers to any natural person authorized by the Corporate Customer to use the Platform via the Registration Link provided by the latter, and who has created a User account. Depending on the Business Customer's decision, this may be an employee, a corporate officer, a sales agent, or, in the specific case where the Business Customer is a Recruitment Firm, an external contact (independent consultant, business contributor, etc.) invited by the said Firm to use the Platform to contribute to its sourcing activities.
Contact: Refers to a natural person whose professional information is imported or made accessible to the Platform by a Contributor, in particular by connecting to professional social networks such as LinkedIn or by importing files (e.g. CVs), with a view to a potential match with Job Offers.
Data: Refers to all information, including personal data within the meaning of the RGPD, processed via the Platform, whether concerning the Business Customer, Employees or Contacts.
Corporate Client (or Customer): Refers to the legal entity (company or Recruitment Firm) that has subscribed to Bambboo's Services by signing a Commercial Contract.
Registration Link: Refers to the unique URL provided by Bambboo to the Corporate Client, enabling the persons chosen by the latter to register on the Platform as Collaborators associated with its account.
Job Offer: Refers to any job offer or assignment published by the Client Company (for its own needs or those of its clients if it is a Recruitment Firm) and integrated into the Platform.
Automatic Sharing: Refers to the optional functionality enabling a Collaborator to authorize Bambboo to automatically send, on his behalf, relevant Job Offers to his Contacts, in accordance with the terms defined in article 3.2.5.
Platform: Refers to the web application and associated technological infrastructure developed and operated by Bambboo, accessible via the Internet, enabling the Services to be provided.
RGPD: Refers to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
Service(s): Refers to all the functionalities and services offered by Bambboo via the Platform, as described in article 3 hereof.
Sourcing: Refers to the search, identification and sometimes the approach of relevant profiles to meet the current or future recruitment needs of the Client Company (or its own customers).
User: Refers to both the Corporate Customer (via its authorized representatives) and any Employee (internal or invited external) authorized by the Corporate Customer to access and use the Platform via his/her Registration Link.
3. Description of Services
Bambboo provides a technological platform designed to optimize the recruitment and sourcing processes of corporate customers by leveraging the professional networks of their authorized Users.
3.1 Services for Business Customers (Customers)
3.1.1. Automated Harvesting of Professional Networks: On the basis of the Employee's import action and, for certain sources such as LinkedIn, his or her explicit consent, Bambboo offers tools to analyze public or supplied information concerning Contacts from professional networks or other sources authorized by Employees, in order to identify relevant profiles for the Job Offers of the Client Company (or its clients if it is a Recruitment Firm). Bambboo only collects information to which the Collaborator has legitimate access or which he/she provides voluntarily.
3.1.2. Automated Sourcing: The Platform analyzes the profiles from the networks imported by Employees against the Job Offers of the Client Company to identify the most relevant potential talents, based on objective criteria such as skills, experience and geographical location.
3.1.3. Targeted distribution of Offers (Manual or Automatic): The Platform enables Employees, either manually (article 3.2.4) or via Automatic Sharing if activated (article 3.2.5), to distribute the Job Offers of the Client Company in a targeted manner to Contacts identified as relevant, via the appropriate and authorized communication channels.
3.1.4. Access to Candidate Profiles: When a Contact expresses interest in a Job Offer shared via the Platform, he/she is redirected to the career site, the Client Company's ATS, or any other link defined by the latter, in order to submit his/her application. Bambboo does not store job applications, but facilitates the matching process.
3.1.5. Monitoring and Reporting Features: The Platform provides the Corporate Customer with indicators and reports on the use of the Services, the effectiveness of job sharing and potential recruitments from the Platform (subject to the Corporate Customer's notification obligations).
3.1.6. Services specific to Recruitment Firms: When the Corporate Customer is a Recruitment Firm, the Platform is used as a sourcing tool to identify candidates for assignments entrusted by its own customers. Additional functionalities, such as the management of reward programs for external collaborators, can be offered according to the terms of the Commercial Contract.
3.2. Employee services
3.2.1. Profile creation and management: Each Employee has a personal account on the Platform, enabling them to manage their information and preferences.
3.2.2. Importing Contacts : The Collaborator may import his Contacts onto the Platform. When importing files (such as Curricula Vitae) that may contain sensitive or non-public personal data, it is the Employee's responsibility to ensure that he/she has the necessary rights and authorizations to allow the processing of such data for the purposes of the Services. Furthermore, if the Collaborator chooses to connect his/her LinkedIn account to the Platform, he/she gives his/her express, free, specific, informed and unambiguous consent for Bambboo to access his/her Contacts (limited to public profile information and expressly excluding direct contact details) and analyze them in order to identify matches with the Job Offers. This consent may be withdrawn at any time by the Collaborator via his/her account settings or on simple request.
3.2.3. Receipt of Targeted Offer Notifications: The Associate is notified by the Platform (via email, SMS or in-app notification, according to his/her preferences) when Contacts from his/her imported network are identified as particularly relevant for one or more Job Offers from the Client Company.
3.2.4. Manual sharing of Offers with Contacts: Following a notification or via exploration of the Platform, the Collaborator has the possibility, if he deems it appropriate, to manually initiate the sending of the relevant Job Offer to the identified Contact, via the appropriate channels (for example, his own LinkedIn account, or other means proposed by the Platform), directly from the Bambboo interface. Bambboo will never perform this action without the explicit initiative of the Collaborator.
3.2.5. Activation of Automatic Offer Sharing (Optional): Subject to his explicit consent, which may be revoked at any time via his account settings or by simple written request, the Collaborator may authorize Bambboo to automatically share, on his behalf, Job Offers to his Contacts deemed relevant by the algorithm for the needs of the Client Company. This sharing will take place by the most appropriate means identified by the Platform (such as LinkedIn messaging if the Collaborator has connected his account). Bambboo undertakes to use this functionality only for the targeted distribution of Job Offers from the Client Company to Contacts likely to be interested on the basis of their professional experience, in compliance with the recruitment/sourcing purpose, and not for commercial or abusive purposes.
3.3. Specifications and restrictions on use
3.3.1 Prohibition of abusive practices: The use of the Platform, including the Automatic Sharing functionality, must be in strict compliance with the law, professional ethics and Bambboo's deontology. All practices similar to spamming, mass mailing, mass cold calling or any form of harassment or unsolicited and irrelevant communication are strictly prohibited. The Service is designed for the targeted and relevant sharing of Job Offers. Bambboo reserves the right to suspend or deactivate the Automatic Sharing functionality or the User account in the event of abuse observed or reported.
3.3.2. Exclusion of liability concerning the final recruitment process: Bambboo provides a tool to help identify and put people in touch with each other. Bambboo does not intervene in the selection, evaluation, negotiation or final recruitment decision process, which remains the sole responsibility of the Client Company (or its own clients, where applicable).
3.3.3. Terms of use of services: The use of Services is reserved for the recruitment or sourcing needs of the Client Company, in accordance with its activity (in-house or Recruitment Firm). Users undertake to respect the terms of use of third-party platforms (e.g. LinkedIn) when using Bambboo Services.
3.3.4. Reference to related contractual documents: Use of the Services is subject to compliance with the Commercial Agreement signed by the Corporate Customer and Bambboo's Privacy Policy.
4. Conditions of Access and Registration
4.1. General terms and conditions
4.1.1. Legal capacity: Access to Services via the subscription of a Commercial Contract is reserved for legally constituted legal entities (Business Customers). Registration as a Collaborator is reserved for natural persons of legal age who have full legal capacity to accept these GCU. The Business Customer guarantees that it has the necessary authorizations to use the Services and invite Collaborators (internal or external).
4.2 Account creation and management
4.2.1. Responsibility for information provided: The User is solely responsible for the accuracy, completeness and updating of the information provided when creating and managing his/her account on the Platform.
4.2.2. Confidentiality and security of identifiers: Identifiers (user name, password or unique authentication method) are strictly personal and confidential. The User undertakes to take all necessary measures to ensure their security and to notify Bambboo and the Business Customer without delay in the event of any suspicion of unauthorized access to his or her account. The User is responsible for any activity carried out via his account.
4.2.3. Registration Link: Access to the Platform as a Collaborator is exclusively via the Registration Link provided by Bambboo to the Corporate Customer. The Corporate Customer may define certain eligibility criteria for registration (for example, restriction based on the domain name of the e-mail address). It is solely responsible for distributing this Registration Link to the persons it wishes to authorize as Collaborators (its employees, and where applicable, for Recruitment Firms, its external contacts).
4.3. Obligations of the Parties
4.3.1. Obligations of the Corporate Customer
Registration Link and Access Management: The Corporate Customer is solely responsible for managing, distributing and controlling access to its Registration Link. It ensures that only persons authorized by it register and use the Platform as Collaborators. It assumes full responsibility for the actions of all Users (internal or invited external Collaborators) accessing the Platform via its Registration Link. It undertakes to inform Bambboo without delay if it becomes aware of any unauthorized use of its Registration Link.
Complete transmission of Job Offers: The Corporate Customer undertakes to transmit to Bambboo all of its relevant Job Offers (for its own needs or those of its customers), without restriction, for the entire duration of the Commercial Contract. This transmission is carried out either by technical integration with the Customer's ATS (if technically feasible and implemented), or by regular manual publication on the Platform.
Notification of recruitments: In order to enable Bambboo to invoice the recruitment fees due (article 5.2), the Client Company formally undertakes to communicate to Bambboo, at the latest within five (5) working days following the end of each calendar month, the exhaustive list of persons recruited within the company (or placed with its clients for Recruitment Firms) during the past month, when these recruitments are likely to give rise to invoicing in accordance with article 5.2.1. This communication is made either by e-mail to the address specified by Bambboo, or by authorizing and maintaining technical access for Bambboo to its ATS allowing automatic retrieval of this information. As long as the technical access to the ATS is not functional and validated by both parties, the obligation to communicate by email remains.
Compliance by Guest Users (Recruitment Firms): If the Corporate Customer is a Recruitment Firm inviting external contacts as Collaborators, it undertakes to ensure that the latter comply with these GCU and the Privacy Policy.
4.3.2. Obligations of Employees
Use the Platform in accordance with these GCU, applicable law and any instructions from the Corporate Customer.
Provide only accurate, legal and up-to-date information.
Obtaining and maintaining the necessary consents: Before importing Contacts (in particular via CV files) or activating Automatic Sharing using specific channels such as email, the Collaborator formally guarantees to hold the prior, express and informed consents of the persons concerned, in accordance with the RGPD.
Respect the confidentiality of information accessible via the Platform.
Use the Platform only for professional purposes related to the recruitment or sourcing objectives of the Client Company.
5. Financial and commercial conditions
The detailed financial conditions are specified in the Commercial Contract signed between Bambboo and the Corporate Customer. The present GCU recall the general principles.
5.1. Subscriptions
Access to the Platform's Services is conditional upon the Corporate Customer taking out a monthly or annual subscription, the price of which is determined according to the type and size of the Corporate Customer and the Services taken out, in accordance with the Commercial Contract. This subscription provides defined access to the Platform's functionalities, within the limits specified by these GCU and the Commercial Contract.
5.2. Success Fees
5.2.1. Definition and precise eligibility of fees: In addition to the subscription, Recruitment Fees of a fixed amount defined in the Commercial Contract (by default, nine hundred (900) euros excluding tax except in the specific case of recruitment agencies or different agreement) are payable to Bambboo for each recruitment finalized by the Corporate Customer when the recruited candidate is recognized as coming from the Bambboo Platform. A candidate is deemed to have come from the Bambboo Platform as soon as his/her profile has been identified as relevant by the Platform and has been presented (made visible or notified) in the Bambboo account of at least one Employee of the Client Company (for example, via notifications or in the suggested profiles section). This allocation is valid for a period of twelve (12) consecutive months from the date of the last presentation of the said Collaborator's profile via the Platform. Recruitment Fees are due if the candidate is effectively recruited by the Client Company (or placed by the Recruitment Firm) during this 12-month period, the date of signature of the employment contract being taken as proof, regardless of the final position or the specific Job Offer for which he/she has been recruited. It is expressly agreed that no Recruitment Fee is applicable if the person recruited for a position was already an employee of the Client Company (internal mobility) at the time the recruitment process for said position was initiated, even if his/her profile was identified or presented via the Platform.
5.2.2. Invoicing terms: Recruitment Fees are invoiced by Bambboo on a monthly basis or according to the periodicity defined in the Commercial Contract, on the basis of the recruitment information communicated by the Corporate Client in accordance with article 4.3.1. 5.2.3. Right to Information on Recruitment Fees: In the event of invoicing of Recruitment Fees in accordance with article 5.2.1, the Corporate Customer is entitled to request from Bambboo, which undertakes to provide within a reasonable period of time, the following information concerning the candidate recruited, in order to verify the eligibility of the fees: the identity of the Collaborator(s) to whom the candidate's profile was presented via the Platform, the date of the last presentation to each Collaborator concerned, the specific Job Offer(s) for which the profile was deemed relevant by the Platform at the time of these presentations, as well as a non-exhaustive summary of the analysis generated by Bambboo's artificial intelligence concerning the relevance of the said profile.
5.3. Terms of payment
Payment terms (deadlines, accepted means) are defined in the Commercial Contract. Any delay in payment may result in the application of late payment penalties at the legal rate in force and/or the suspension of access to Services, without prejudice to any other legal remedy.
5.4. Refund and cancellation conditions
Refund and cancellation conditions (particularly for subscriptions) are defined in the Commercial Contract. Unless expressly provided otherwise, subscriptions and Recruitment Fees invoiced in accordance with these GCU are non-refundable.
5.5. Changes to Prices and Offers
Bambboo reserves the right to modify its prices and offers. Any modification will be notified to the Corporate Customer under the conditions set out in the Commercial Contract or, failing this, with reasonable notice (minimum 30 days).
5.6. Conditions specific to recruitment agencies
Notwithstanding the preceding articles, the financial and commercial conditions applicable to Business Customers who are Recruitment Firms (subscription rates, amount and conditions of Recruitment Fees, any additional services such as the management of employee referral bonuses for external Collaborators) are specifically defined in the Commercial Contract concluded with the said Firm. In the event of any contradiction, the terms of the Commercial Contract shall prevail over articles 5.1 to 5.5 of these GCU for Recruitment Firms.
6. Intellectual Property
6.1. Ownership of the Platform and Bambboo Elements
6.1.1. The Platform, including in particular its architecture, interfaces, software, algorithms, databases, content (text, images, logos, trademarks, videos, etc.) created by Bambboo, as well as the "Bambboo" trademark, are and remain the exclusive property of Bambboo or its licensors. These GCU do not transfer any intellectual property to Users.
6.2. Ownership of User Content
6.2.1. The Corporate Client and Employees retain ownership of the content they provide to the Platform (e.g. Job Offers, Profile information, Contact data). However, they grant Bambboo a non-exclusive, worldwide, free of charge license, for the duration of these GCU (and applicable retention periods), to use, reproduce, represent, adapt and modify such content to the extent strictly necessary for the provision of the Services, their technical and functional improvement, and compliance with its legal and contractual obligations. The User warrants that he/she holds all necessary rights and authorizations for the content he/she provides and imports onto the Platform.
6.3. Restrictions on use
6.3.1 Users are strictly prohibited from: copying, modifying, distributing, selling, renting, decompiling, disassembling or reverse engineering all or part of the Platform; extracting or attempting to extract substantial or repeated amounts of data from the Platform outside of the export functionalities provided for and authorized; using the Platform for illicit or fraudulent purposes, or purposes not provided for in these GCU; circumventing security or authentication measures.
7. Protection of Personal Data
7.1. General principles
7.1.1. Compliance with the RGPD: Bambboo undertakes to process personal data collected via the Platform in strict compliance with the RGPD and applicable French data protection legislation.
7.1.2. Roles and responsibilities: Whereas Bambboo alone determines the purposes (technical and administrative management of the Platform, administration of User accounts, invoicing of Services) and means of processing data relating to Users (Customer representatives, internal or external Collaborators) for the purposes of performing the contract and providing its Services, Bambboo acts, for these specific processing operations, in the capacity of data controller. Given that the Client Company is the entity that determines the purposes (achievement of its recruitment or sourcing objectives for its own account or that of its customers) and the essential means (by choosing to use the Bambboo Platform for this purpose, defining the Job Offers guiding the analysis, and inviting Employees to participate) of the processing of data relating to Contacts, the Client Company assumes, for this sourcing activity, the capacity of data controller. Bambboo contractually undertakes to comply with the obligations of the RGPD in its capacity as subcontractor for this sourcing activity, in particular by implementing the appropriate technical and organizational security measures. This allocation ensures that the Customer has control over its sourcing strategy within a compliant framework. In the specific case where Bambboo would manage employee referral bonuses for a Recruitment Firm, the roles concerning the data necessary for this management would be specified in the Commercial Contract or a specific data processing agreement.
7.1.3. Reference to the Privacy Policy: The detailed procedures for processing personal data (specific purposes, detailed legal bases, precise retention periods, rights of individuals, security measures, etc.) are described in Bambboo's Privacy Policy, accessible on the Platform. The Privacy Policy forms an integral part of these GCU and is binding on Users.
7.2. Data collected and processed
7.2.1. Customer data: Information relating to the Customer Company (name, address, SIREN, etc.) and its representatives (surname, first name, professional e-mail address, position) required for contractual and commercial management and invoicing.
7.2.2. Employee data: Identification data (surname, first name, professional email), professional information (position, company), connection data (logs), and, if the Employee consents to the connection of his/her LinkedIn account: LinkedIn profile URL, geography, professional experience, training, skills, languages. Added to this is contact network data imported by the Employee, from sources he/she authorizes (such as consented connections to professional social networks like LinkedIn, or import of CV-type files). For all imports, and in particular for non-public or sensitive data (e.g. CV files), the Collaborator affirms that he/she holds the rights, authorizations and consents to allow their processing for the purposes of the Services. With regard to Contacts from LinkedIn, the data processed is exclusively public information accessible via the said account: URL of LinkedIn profile, surname, first name, geography, professional experience, training, skills, languages. Bambboo formally undertakes not to collect or process any direct data such as telephone numbers or personal e-mail addresses concerning these LinkedIn Contacts. Purposes and restrictions: These Contact data are processed solely for the purposes of identifying the relevance of the profile for the Job Offers of the Client Company and to enable the Collaborator to share the offer (manually or via activated Automatic Sharing) via the appropriate channels (for example, his/her own LinkedIn account or email if specific consent obtained by the Collaborator). Under no circumstances will Bambboo contact a Contact directly on its own behalf. Bambboo will not share or resell Contact data to third parties. This may include data required for the management of bonuses, if applicable to Recruitment Firms.
7.3. Legal basis for processing
The data processing implemented by Bambboo is based on the following legal grounds, detailed in the Privacy Policy:
7.3.1. Legitimate Interest: For the analysis of Contacts' profiles in order to identify potential candidates for the Client Company and to facilitate the targeted distribution of Job Offers by Employees (via notifications and suggestions). The legitimate interest also applies to the analysis of the Employee's own profile with a view to identifying internal mobility opportunities or suggestions of relevant offers. Bambboo takes care to balance this legitimate interest with the rights and freedoms of the persons concerned.
7.3.2. Consent: The Employee's free, specific, informed and unambiguous consent is required for: * The connection of his/her LinkedIn account to the Platform for the import of his/her Linkedin Contacts. * The activation of the Automatic Sharing feature. The Collaborator may withdraw these specific consents at any time via his account settings or by written notification to Bambboo, which will result in the cessation of processing based on this consent (LinkedIn connection, Automatic Sharing) and the deletion of the associated data within a reasonable period of time, subject to legal obligations. For imports (in particular of CV files containing potentially sensitive information), the Collaborator acts under his own responsibility and guarantees to have the necessary authorizations and consents from the persons concerned, with Bambboo acting as technical subcontractor for this operation.
7.3.3. Contract performance: For the processing of data relating to representatives of the Client Company and Collaborators required for the creation and management of accounts, the provision of subscribed Services (including potentially the management of bonuses for Recruitment Firms if provided for in the Commercial Contract), and the performance of reciprocal contractual obligations (invoicing, support, etc.).
7.4. Data retention period
Retention periods are detailed in the Privacy Policy and comply with the principles of minimization and limitation:
7.4.1. Customer data: Kept for the duration of the contractual relationship, increased by legal prescription periods and applicable accounting and tax obligations.
7.4.2. Employees' Data: Kept for the duration of use of the Platform by the Employee under the contract linking Bambboo to the Corporate Customer, or until one (1) year after the end of this contract or the deactivation of the Employee account, unless the Employee requests early deletion or cancellation, and subject to applicable legal retention periods (e.g. premium payment data).
7.4.3. Contacts data: retained for the period necessary for relevance analysis and sharing of offers, and at most for the duration of the contract binding Bambboo to the Corporate Customer, or until one (1) year after the end of the contract, unless the Collaborator withdraws his specific consent (e.g. for LinkedIn), requests the deletion of his data (and by extension, of the data of the Contacts imported via his account), or in the event of early termination of the Collaborator account. The Corporate Client, as data controller, may define specific deletion policies for Contacts data via the Platform settings if available.
7.5. Rights of Persons Concerned
In accordance with the RGPD, Employees and Customer representatives have the following rights regarding data processed by Bambboo: access, rectification, erasure, limitation of processing, data portability, opposition to processing (including those based on legitimate interest) and withdrawal of consent (where processing is based on this).
7.6. Data transfer
Bambboo undertakes not to transfer personal data outside the European Union or the European Economic Area without guaranteeing an adequate level of protection, in accordance with the RGPD (adequacy decision, standard contractual clauses approved by the European Commission, etc.). The specific terms and conditions, including the identity of any subcontractors and their location, are specified in the Privacy Policy.
7.7. Data security
Bambboo implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk concerning the personal data processed, in accordance with the requirements of Article 32 of the RGPD and drawing on recognized standards such as ISO 27001. This includes protective measures against unauthorized access, loss, destruction or disclosure, access controls, encryption of sensitive data, etc. A security incident response procedure is in place, including regular backups and recovery tests.
7.8. Data Breach Management
In the event of a personal data breach likely to give rise to a risk to the rights and freedoms of the data subjects, Bambboo, if it is the data controller, will notify the competent supervisory authority (the CNIL in France) and, if necessary, the data subjects, within the time limits and under the conditions provided for by the RGPD. If the breach concerns data for which Bambboo acts as a processor, it will notify the Client Company (data controller) as soon as possible so that the latter can fulfil its own notification obligations.
7.9. Subcontracting
Bambboo may use subsequent subcontractors for certain aspects of the Services (hosting, maintenance, data analysis, etc.). Bambboo ensures that its subcontractors present sufficient data protection guarantees and signs agreements with them that comply with Article 28 of the RGPD. The list of main subcontractors is available in the Privacy Policy or on request.
7.10. Cookies and similar technologies
The use of cookies and similar technologies that are strictly necessary for the operation of the Platform, or for which consent has been obtained, is detailed in the Privacy Policy and/or a dedicated cookie policy, accessible on the Platform, specifying their purposes and how the User can manage their preferences.
8. Liability and warranties
8.1. Responsibility of Bambboo
Bambboo undertakes to provide the Services diligently and in accordance with good practice. Its liability is limited to direct and foreseeable damage resulting from a proven breach of its own contractual obligations. Bambboo shall not be held liable for:
Indirect damage, loss of profit, loss of opportunity, or loss of data (except in the event of a proven breach of its security obligations as a subcontractor or data controller).
Consequences related to the use of the Services by Users, in particular recruitment decisions made by the Customer, and the relevance or success of job sharing (manual or automatic).
The management, distribution or use made by the Corporate Customer of its Registration Link, nor the consequences of an unauthorized registration via this link if it results from negligence or an action by the Corporate Customer or a third party other than Bambboo.
Employees' compliance with their obligations regarding the consent of Contacts for data import (CV files).
Bambboo's liability is excluded in the event of misuse of the Platform, the User's fault, the User's failure to comply with these GCU, an act of a third party beyond its reasonable control, or force majeure.
8.2. Responsibility of Users (Customers and Employees)
8.2.1. Use of the Platform: Users are responsible for their use of the Platform and the Services, which must comply with these GCU, applicable laws (in particular RGPD) and the rights of third parties.
8.2.2. Accuracy, Relevance and Legality of Data and Actions: * The Business Customer guarantees the accuracy and lawfulness of the Job Offers transmitted and is solely responsible for managing its Registration Link and the accesses it authorizes. * Employees are responsible for the accuracy of their own profile information and the legality of the import of their Contacts' data (in particular for CV-type file imports). * The User indemnifies Bambboo against any claim, action or condemnation by a third party in connection with the data he/she provides, the actions he/she carries out via the Platform (including the sharing of offers) or the failure to comply with his/her obligations under these GCU.
8.3. Warranties
Bambboo provides no warranties other than those expressly set forth in these TOU. The Platform is provided "as is" and "as available", without any express or implied warranty of continuous performance, fitness for a particular purpose, freedom from error or uninterrupted availability.
8.4. Limitation of liability
Except in the event of a mandatory legal provision to the contrary (such as liability for personal injury or intentional misconduct) or a proven serious breach of an essential obligation of the contract, Bambboo's overall financial liability in respect of the performance of the Services governed by these GCU and the Commercial Agreement will be capped, all damages and causes combined, at the amounts (excluding taxes) actually paid by the Corporate Customer to Bambboo in respect of the subscription (excluding recruitment costs) during the twelve (12) months preceding the event giving rise to liability.
8.5. Force Majeure
Neither party may be held liable for failure to meet its contractual obligations if such failure is due to the occurrence of an event of force majeure, as defined by article 1218 of the French Civil Code and interpreted by French case law. The affected party will notify the other party as soon as possible, and obligations will be suspended for the duration of the force majeure event.
9. Duration and termination
9.1. Contract duration
These GCU come into force on the date of their acceptance by the User and remain applicable for the entire duration of use of the Services. The duration of the Business Customer's commitment is defined in the Commercial Contract (generally linked to the duration of the subscription taken out). For the Employee, access is subject to authorization by the Corporate Customer and the existence of an active account.
9.2 Termination Terms and Conditions
9.2.1. Termination by the Customer: The Business Customer may terminate its subscription and the Commercial Agreement under the conditions (notice, possible reasons, financial effects) defined in the said Agreement. Termination of the Commercial Agreement results in the closure of access to the Platform for the Business Customer and all its associated Employees.
9.2.2. Termination by the Collaborator: The Collaborator may at any time request the deletion of his User account and the cessation of the use of his data by simple written notification to Bambboo or via the account management functions available on the Platform. Such termination shall take effect promptly and shall entail the consequences described in article 9.3.
9.2.3. Termination by Bambboo: Bambboo may terminate the access of a User (Customer or Collaborator) or the Commercial Contract in the event of a serious breach by the User of its obligations under these GCU or the Commercial Contract (in particular, prolonged non-payment by the Customer, abusive, illicit or fraudulent use of the Platform). Except in cases of urgency or particular gravity justifying immediate termination, Bambboo will send a prior formal notice to remedy the breach within a reasonable period of time (e.g. 15 days). Bambboo may also terminate the Commercial Contract for other reasons in accordance with the conditions set out in the said contract (e.g. end of commercialization of the service, with prior notice).
9.3. Consequences of Termination
Termination of the Collaborator account or the Commercial Contract, for whatever reason, will result in the immediate cessation of access to the Services for the User(s) concerned. Bambboo will delete or anonymize the personal data concerned in accordance with the retention periods defined in article 7.4 and in the Privacy Policy, subject to legal retention obligations (e.g. billing data). In the event of termination initiated by a Collaborator, his/her personal data and that of Contacts imported via his/her account will be deleted or anonymized from the active Platform as soon as possible.
10. General provisions
10.1. Modifications to the GCU
Bambboo reserves the right to modify these GCU at any time to take into account legal, regulatory, technical or Service developments. Users will be informed of any substantial modifications by notification on the Platform, by email, or by any other appropriate means, with reasonable notice before they come into force. Continued use of the Platform after the changes have come into effect shall constitute tacit acceptance of the new GCU. In the event of disagreement with the substantial modifications, the User must cease to use the Platform and may terminate his account (in the case of an Employee) or the Commercial Contract in accordance with the conditions laid down (in the case of a Corporate Client).
10.2. Assignment and subcontracting
Bambboo may freely assign these GCU and the related Commercial Contract to any affiliated company or to a third party in the event of a merger, acquisition, demerger, or transfer of a business or branch of activity, provided that the assignee takes over Bambboo's obligations. The Corporate Customer may not assign the Commercial Contract or the rights and obligations arising from these GCU without Bambboo's prior written consent. Bambboo may freely subcontract all or part of the performance of the Services under the conditions set out in article 7.9.
10.3 Applicable Law and Jurisdiction
These GCU and the Commercial Agreement shall be governed by and construed in accordance with French law, excluding its conflict of law rules. Any dispute relating to their validity, interpretation, performance, non-performance or termination shall be submitted to the exclusive jurisdiction of the competent courts within the jurisdiction of the Court of Appeal of Aix-en-Provence (including the Commercial Court of Marseille), even in the event of multiple defendants, warranty claims or summary proceedings.
10.4. Contract language
These GCU are written in French. In the event of translation into one or more other languages, the French version shall prevail in the event of divergent interpretation or dispute.
10.5. Privacy
The parties reciprocally undertake to treat as confidential and not to disclose to unauthorized third parties, for the entire duration of the contractual relationship and for a period of five (5) years after its termination, any technical, commercial, financial or strategic information of which they may have become aware during the performance of these GCU or the Commercial Agreement, unless such information has fallen into the public domain through no fault of their own, or unless its disclosure is required by a legal or regulatory provision or a court decision.
10.6 Entirety and Severability of the Contract
These GCU, together with the Commercial Agreement and the Privacy Policy, constitute the entire agreement between Bambboo and the Corporate Customer concerning access to and use of the Services, and supersede any prior agreements or discussions. If one or more stipulations of these GCU are declared null, invalid or inapplicable by virtue of a law, regulation or final court decision, the other stipulations shall retain all their force and scope. The parties will then endeavor in good faith to replace the invalid or inapplicable clause with a valid clause having equivalent economic effect.
10.7 Notifications
Unless expressly provided otherwise in these GCU or the Commercial Agreement, any notification between the parties shall be in writing and may be validly sent by registered mail with proof of receipt, by express courier with proof of delivery, or by e-mail with proof of receipt or read receipt, to the postal or e-mail addresses provided by the Corporate Customer at the time of subscription or subsequently updated, and to the Bambboo contact details indicated in article 1.1 or communicated by Bambboo. General notifications concerning the Services or the GCU may also be made via the Platform.
/ Any questions?
If you have any questions, please contact us at contact@bambboo.fr. Thank you for using Bambboo and trusting us to protect your data! 🚀
