Preliminary
Developed by the company SO RH NC, Optimal RH is a software solution for HR management, distributed in French Polynesia by Tahiti Numérique (hereinafter referred to as "The Company").
It allows for the dematerialization and decentralization of many tasks related to Human Resources within the company. Optimal RH is a SaaS (Software as a Service) solution that offers a wide range of features, being scalable and user-friendly. There are different modules to provide a tailored experience, suited to each company: in the Leave and Absences sections, which is the core of the solution, it is possible to add modules for Time Tracking, Expense Reports, Careers, Planning, ... Optimal RH is accessible 24/7, on computer, tablet, and mobile.
The currently online version of these General Conditions of Use, dated March 1, 2024, is the only one enforceable for the entire duration of use of the Platform until a new version replaces it.
Article 1. Definitions
General Conditions of Use: defines these general conditions.
Contract: refers to the contractual elements governing the relationship between the Client and the Company.
Personal data refers to any information relating to an identified or identifiable natural person.
Platform: computer environment allowing the management and/or use of the Services.
Services: A set of services provided by the Company for the benefit of the Client, as specified by the Contract.
User: refers to any physical employee of the Client who connects to the Platform as an authorized representative of the Client.
Article 2. Legal Mentions
Publisher Information The Optimal RH software is published by the company SO RH NC, represented by Mr. Hatem BELLAGI, as the legal representative of HBH, President of SO RH NC.
Phone: +687 26 20 69
Email: contact@optimal-rh.com
Article 3. Personal Data & Collected Information
As part of the use of the Platform, the Company processes the personal data of Users for the purpose of providing the Services.
It is specified that the provisions related to Personal Data only aim to cover the processing of personal data carried out by the Company on its behalf.
The provisions related to the protection of personal data within the framework of the contractual relationship between the Client and the Company are governed by the Contract concluded between the Parties.
In the context of the use of the Platform, the Company processes information relating to Users (name, first name, email address, position within the Client's organization as well as log files and the user's IP address). These processes aim to provide the Platform, manage technical incidents encountered, and provide support services by the Company.
These processes are:
(i) On the one hand, necessary for the performance of these General Conditions of Use. Therefore, this contractual necessity forms the legal basis for this processing in accordance with Regulation 2016/679 of April 27, 2016, on the protection of personal data (GDPR). This personal data is necessary for accessing and using the services of the Platform and for providing support services by the Company; thus, their collection and processing are a mandatory condition to enable the User to use the Platform ;
(ii) On the other hand, necessary for the legitimate interests pursued by the Company to ensure the IT security of the Platform for tracing access and managing incidents related to User connections.
The identification data of the User is kept by the Company until the end of the Contract for any reason (notably due to expiration or termination). The data may then be archived for the remaining civil and criminal limitation periods. They will then be securely destroyed. Log files will be kept for a period of six months in accordance with the recommendations of the National Commission for Computing and Civil Liberties ("CNIL").
The Platform uses electronic trackers installed on your device (computer, tablet, smartphone). These cookies are authentication cookies (1.1.1 XSFR-TOKEN and HTTP Only), that is to say, technical cookies. Their purpose is to identify the user during the session and correspond to the legitimate interests of the Company to allow the user to be identified by the Platform.
As part of the collection and processing of personal data, the User has :
the right to access all their personal data subject to processing;
the right to request rectification, deletion, and/or limitation;
the right to request portability of their data;
the right to object at any time to the processing of their personal data for direct marketing and/or for statistical purposes;
the right to define directives regarding the retention,
deletion and communication of their personal data after their death;
the right to lodge a complaint with the CNIL.
The User can exercise their rights by writing to the email address dpo@optimal-rh.com or by postal mail to the following address: SO RH NC, 7bis rue Gambetta - 98800 Nouméa. In case of reasonable doubts about the identity of the User, the Company may ask for the transmission of any document justifying, in accordance with Article 12 (6) of the GDPR.
Data subjects also have the right to lodge a complaint with the National Commission for Computing and Civil Liberties (CNIL).
Finally, regarding the processing implemented by the Company on the website https://optimal-rh.com, you can take notice of the Privacy Policy available on the site, as well as the Cookie Policy.
Article 4. Right to Use the Platform
As part of its right of use, the Client undertakes without reservation not to:
make a copy of the Platform or elements of the Platform, in any form and by any means whatsoever;
act dishonestly or unprofessionally, particularly by publishing inappropriate, inaccurate or reprehensible content;
add inaccurate content or that is not intended to be found in a designated field (for example, by entering a phone number in the "title" field or any other field or by inserting phone numbers, email addresses, postal addresses or any identifiable personal data for which the Company does not provide a field);
use a profile picture that does not resemble them;
create a false identity;
misrepresent their identity, including but not limited to, using a pseudonym;
use or attempt to use another person's account;
harass, criticize another person or harm them;
send spam or other unsolicited communications to other users;
copy or web scrape profiles and data from others by any means (including indexing robots, external modules and accessories of browser navigation or any other technology or physical work);
act unlawfully, defamatorily, insultingly, obscenely, discriminatorily or otherwise reprehensibly;
disclose information they do not have the right to communicate (such as personal data of others);
violate the intellectual property rights of others, including but not limited to patents, trademarks, trade secrets, copyrights or any other property rights;
violate the intellectual property rights or other rights of the Company, including but not limited to the use of the term "Optimal RH" or its logos in any trade name, email or web address;
publish any unsolicited or unauthorized advertising, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation not authorized by the Company;
collect, use, copy or transfer any information obtained from the Company without its consent;
share or disclose other people's information without their express consent;
monitor the availability, performance or functionality of the Services for competitive purposes;
use the technique of "framing" or "mirroring" or generally simulate the appearance or functioning of the Services;
access the Services otherwise than through the interfaces expressly offered by the Company;
circumvent any security feature of the Services;
disrupt the functioning of the Services or impose an unreasonable burden on them (e.g., spam, denial of service attacks, viruses, gaming algorithms);
analyze, or have a third party analyze, for the purpose of observing, studying and testing, the functioning of the Platform with a view to determining the ideas and principles on which the program elements are based when the Platform performs the operations of loading, displaying, executing, transmitting or storing;
decompile, disassemble, engage in reverse engineering to create derivative works from the Platform or attempt to discover or reconstruct the source code, the ideas that underlie it, the algorithms, file formats or programming or interoperability interfaces except to the extent permitted by Article L. 122-6-1 of the Intellectual Property Code, in any way. If the Client would like to obtain the information necessary to enable interoperability of the Platform with other software, the Client agrees to request this information from the Company, which may provide the necessary information to the Client, subject to payment by the latter of the associated costs;
modify, enhance, translate the Platform, including to correct bugs and errors, the Company reserving exclusively this right in accordance with Article L. 122-6-1 I 2° of the Intellectual Property Code;
provide third parties with Services, free of charge or for a fee, based on the Platform and/or grant access, in whole or in part, to the Platform, notably in the form of desktop service, Application Service Provider (ASP), Platform as a Service (PaaS) or Software as a Service (SaaS);
transfer, rent, sublicense, assign, pledge, or transfer all or part of the ownership of the Platform in any way;
use robots for any reason. A "robot" is defined as any software tool designed to automatically emulate human user actions used for data entry, data migration, load testing, performance testing, performance monitoring, performance measurement and/or "stress tests." The Client guarantees and holds the Company harmless from any damages, losses, actions, expenses, judgments or costs (including any compensation paid to a third party, including the Company's clients) related to unavailability, a production incident, or any other technical difficulty occurring at a time when the Client is using a robot.
The Company may integrate third-party software that will be used by the Client only in connection with the Platform and will never be used by the Client in any other way without prior written consent from the Company.
Article 5. Compliance with Social Regulations
The compliance of the software with social regulations depends entirely on the information provided by the Client for its initialization or during operation.
The Client agrees not to provide information that is contrary to laws, regulations, case law, collective agreements, contractual arrangements or any other texts or practices governing labor law to which it is subject.
The Company is entirely exempt from liability for non-compliance of the solution with social regulations as defined in the previous paragraph.
