INTELLECTUAL PROPERTY POLICY
Please read carefully this Intellectual Property Policy before accessing and using the Website (creativejob.balenciaga.com)
1. ACCEPTANCE OF THIS INTELLECTUAL PROPERTY POLICY. This Intellectual Property Policy govern any employment application to Balenciaga (hereinafter “Balenciaga”, “We” or “Us”). Your employment application is subject to your full acceptance of this Intellectual Property Policy. If you do not accept these terms, please do not submit any application and do not use the Website.
We may modify this Intellectual Property Policy from time to time in the future. We will inform you of any modification by the way of specific warnings on the Website.
The Intellectual Property Policy’s scope is limited to its purpose as defined herein and does not alter nor modify any other agreement you might have with Balenciaga or its affiliates.
2. BALENCIAGA’S INTELLECTUAL PROPERTY RIGHTS. The Website, including all its elements, such as notably the platform, the trademarks, the designs, the images, the logos and texts, are the exclusive ownership or license of Balenciaga. Any reproduction, representation or more generally any direct or indirect use of all or part of the aforesaid elements of the Website are prohibited without prior and written consent of Balenciaga.
You cannot use, circulate or otherwise disseminate any or all of the content of the Website. The user is granted a strictly personal and non-exclusive right to access and use the Website for the sole purpose of the employment application with the exclusion of any other right of use, notably commercial. Balenciaga reserves all other rights.
3. INTELLECTUAL PROPERTY RULES APPLICABLE TO ANY CREATIVE WORKS ATTACHED TO YOUR APPLICATION. When submitting your application, and in the first instance, We ask you not to send Us any creative works from your personal work.
In a second step and once our recruitment team has confirmed our interest in your application, We may ask you to share your personal work so that We can get to know you better.
We draw your attention to the fact that the elements of your personal work are not necessarily original or protectable within the meaning of the applicable regulations and, consequently, may not be exclusively attributable to you. Indeed, your personal work could borrow from a pre-existing fashion trend or be inspired by elements or ideas from the public domain. In this sense, any claim to ownership could be groundless and even detrimental.
In any case, and should your personal work include one or more pieces of original creative works within the meaning of the applicable regulations, you guarantee that you are the author of all pieces of creative works attached to your application, and that these do not infringe on the third parties’ rights.
You remain the owner of any intellectual property rights relating to these original creative works that you send to Balenciaga.
You grant Balenciaga a non-exclusive right to use these creative works for the strict requirements of the recruitment process and for the duration of this process.
4. INTELLECTUAL PROPERTY RULES APPLICABLE TO CREATIVE PRODUCED AT BALENCIAGA’S REQUEST DURING THE RECRUITMENT PROCESS. During the recruitment process, if you are pre-selected by Balenciaga, you may be asked to produce one or more pieces of creative works based on instructions provided by Balenciaga. These creative works must be original and bear your own individual stamp.
These creative works must be communicated to Balenciaga on a confidential and exclusive basis for the requirements related to the recruitment process and for the duration of this process, but for a maximum duration of six (6) months starting from the communication of your creative works. Consequently, you undertake not to disclose, communicate or more generally use these creative works, on any medium whatsoever, including on social networks, throughout the duration of the recruitment process, for a maximum duration of six (6) months starting from the communication of your creative works to Balenciaga.
These creative works will not be used by Balenciaga for any purposes other than the recruitment process.
It is, however, agreed that in the case of appointment, the intellectual property rights for these creative works will be automatically assigned to Balenciaga, on an exclusive basis and free of charge, for the entire world and for the maximum duration of the intellectual property rights. This assignment will include the assignment (i) of all the intellectual property rights on the creative works concerned, including the right of reproduction (including for volume production), the right of representation and the right of adaptation, for all destinations or purposes, including commercial and (ii) the assignment and transfer of the relevant physical or digital media. Balenciaga may request that you formalise this by signing a separate assignment agreement stating the above conditions.
If your application is rejected, Balenciaga may nevertheless, if it wishes, at its convenience, ask you to assign your intellectual property rights for these creative works. This assignment will take place in accordance with the terms and conditions negotiated and agreed between you and Balenciaga. It will be formalised, if need be, in a separate assignment agreement signed between you and Balenciaga.
PRIVACY POLICY
We respect your privacy and will collect, process and use your personal data in compliance with the applicable legal requirements at all times.
This Privacy Policy explains what information we collect when you access and use the Website creativejob.balenciaga.com in the course of your application for employment and how we handle that information.
1. Data controller. The controller of your Personal data within the meaning of the French Data Protection Act (Law n°78-17 dated January 6, 1978) is Balenciaga, a French société par actions simplifiée, incorporated and registered under the company number 775 668 122 and having its registered office at 40 rue de sèvres – 75 007 Paris – France (“Balenciaga” or “We” or “Us”).
2. Personal data. “Personal data” means information concerning personal or material circumstances that, directly or indirectly, identifies you. The Personal data collected through the Website will be as follows:
· Data about you: forename and surname, gender, nationality, civil/marital status, date of birth, age, home contact details (e.g., address, telephone number, e-mail), national ID number, immigration and eligibility to work data, next-of-kin/dependent contact information;
· Data about your employment history and qualifications: qualifications, references, professional experiences;
· Data about your application: CV and application, interview data, audio and video recordings of interviews (if any), verification of references;
· Any other data shared spontaneously by you during the application process;
· Technical, electronic & localization information: Personal information shared by your device such as your IP address, device type, unique device identification numbers (device identifier), browser type, time zone settings, broad geographic location (e.g. country or city-level location); online activity (such as your internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements) and other technical personal information or personal information shared by the service provider.
3. Why do We collect your Personal Data.
Any Personal Data shared with Us when applying for a position will only be collected for our recruitment process and will only be used for this purpose. When using our Website, the collection of your Personal Data helps to make our Website as efficient as possible and allows you to access the interactive functions of the Website. Such as to :
· Collect your application documents relating to our job offers;
· Identify, assess and manage the candidates' skills;
· Contact you in relation of your job application;
· Register and keep your CV in Balenciaga's own CVtheque;
· Estimate our audience’s size and the way they use our Website;
· Store information about your preferences and therefore personalise our Website depending on your personal interests;
· Improve your searches;
· Recognise you when you return to our Website;
· Maximise professional information and share with you information about our latest opportunities corresponding to your profile, as long as you gave your consent to receive such information. We may also use your Data to inform you about changes and developments of our service.
When you share Personal Data of another person with Us, you confirm that they provided their consent for you to act on their behalf and that they were informed about our identity and the purposes of their Data processing.
4. How We collect, process, store and use your personal data. We collect personal data that you have provided to Us through the Website, for example when you create a user account on the Website, submit an application for an internship, a job or a mission or send Us an e-mail.
When We collect your personal data, We inform you of whether replies to the questions are compulsory or optional and of the possible consequences for you of the absence of a reply.
We use your personal information for the purposes of assessing your employment application with Us.
Your Personal data will be stored on servers located in the European Union.
In addition, please be informed that We can enhance your profile with information related to you and collected (i) during your application process through any interaction between you an Us (ii) from professional social networks or any other source of public information, when those information are relevant for the management of your application.
All those information are subjected to an automated processing to handle your application. Your Personal Data might also be integrated in a CVtheque which will allow Us to propose you other jobs or missions, if relevant.
5. What is the legal basis of the data processing. We process your Personal Data for the purpose of assessing your application on at least one of the following legal bases:
· Compliance with a legal obligation to which We are subject (notably verifying eligibility for employment or complying with obligations regarding non-discrimination if any);
or
· Take steps at your request prior to entering into an employment contract with you (notably verifying your qualifications and work history); or
· Legitimate interests pursued by Us in hiring qualified and appropriate persons (notably by conducting interviews).
6. How long will We store your personal data. Our general approach is to retain candidate Personal data for one year from the last exchange you had with our HR department for the last vacancy you applied for (the last exchanged being defined as the date on which you approved the collection of your Personal Data), to the extent you were a suitable candidate for the vacancy, so that We may consider you for future job openings, unless you expressly object. In all cases, We will retain your Personal Data for exercising or defending legal claims, for a period of time corresponding to the applicable statute of limitations, or legal or regulatory obligations.
If you accept employment with Us, your Personal Data will be held on the basis set out in our Employee Privacy Notice, which is provided to all employees and that you will be required to acknowledge that you have read.
7. With whom We share your Personal Data. Your Personal data may be shared with affiliated companies where it is necessary and necessary to do so - both in the country where you are applying for a position, and in other countries in which the group has operations, including countries outside EU/EEA.
Within Balenciaga, your Personal Data can be accessed by or may be disclosed internally on a need-to-know basis to persons responsible for managing or making hiring decisions, Human Resources staff, system administrators and other support teams (such as IT and Finance).
Your Personal Data may also be accessed by third parties and their own sub- suppliers who provide Us with services relevant to your recruitment, namely:
· recruiters;
· companies (notably Digital Recruiters, Taleo and Workday) that host, support and/or maintain the IT systems or applications supporting our recruitment and other HR systems;
· and companies that verify your references, undertake background checks or conduct vetting on our behalf.
All of them act as our subcontractors.
When We share, use or transfer personal information in particular outside the European Union, We use standard contractual clauses approved by the European Commission, or put in place other measures under applicable privacy legislation, to ensure that such transfer provides adequate safeguards. You can contact Us at privacy@balenciaga.com.
8. Cookies. The Website uses cookies. If you have allowed cookies to be used, please consult our Cookie Policy to find out the type of personal data that may be processed.
9. Your rights. Privacy laws may grant you certain rights such as the right to access, delete, modify and rectify your data, or to restrict or object to processing, as well as the right to data portability. You can also lodge a complaint with your competent regulator (the CNIL in France). You can withdraw your consent or delete your profile at any time. For further information regarding our privacy practices and your rights, please contact Us at privacy@balenciaga.com.
10. Security. We implement what We determine to be reasonable physical, technical and administrative security standards designed to protect your Personal Data from loss, misuse, alteration, destruction or damage.
The transmission of information via the Internet is not completely secure. Although We will do our best to protect your Personal Data, We cannot guarantee the security of your Personal Data transmitted over the internet and any transmission is at your own risk. Once We have received your Personal Data, We will use strict procedures and security features designed to prevent unauthorized access.
11. Governing Law. Unless otherwise required by any applicable law, any difficulty, claim or litigation generated by or in relation with the present terms and conditions shall be settled according to French laws. French jurisdictions are fully and solely competent to hear of any legal dispute rising out of these terms and conditions.
12. Changes. We reserve the right to update this Privacy Policy from time to time in compliance with the legal requirements, for example to be compliant with new laws or to add new services.
Specific warnings about the updates shall be displayed on the Website. Your consent to these updates may be required for future use of the Website.
Last updated on February the 10th, 2021.