General terms and conditions

Privacy policy

Updated on 01 March 2024

Introduction

This Privacy Policy ("Policy") applies to the processing of your personal data by TopiTopa. Below you will find information on how we collect, use, communicate, transfer and store your personal data and how you can exercise your rights.  

sendmyjobs is committed to protecting and respecting the personal data it collects and processes. To this end, sendmyjobs complies with 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, and repealing Directive 95/46/EC ("GDPR") and the Belgian law of 30 July 2018 on the protection of individuals with regard to the processing of personal data.

Who is responsible for processing your personal data?

Your personal data is processed by the limited liability company TOPITOPA (hereinafter referred to as "TopiTopa", "we" or "us" or "sendmyjobs") whose registered office is located at Avenue de Tervueren, 266 E, box 9, 1150 Woluwe-Saint-Pierre and which is registered with the Banque-Carrefour des Entreprises under number 0761.773.365.

If you have any questions about how we collect and process your personal data or if you wish to exercise any of your rights described below, you can contact us via the email address info@sendmyjobs.com or write to us at the following address:

If you have any questions or concerns about how we process and use your personal data, or if you would like to exercise any of the rights below, please contact us at info@sendmyjobs.com or write to us at

TopiTopa S.R.L. (sendmyjobs)

Avenue de Tervueren, 266 E, box 9

1150 Brussels

BELGIUM

What does "personal data" mean?

"Personal data" means any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject" or "you"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.

What personal data do we collect?

In order to provide the features offered by sendmyjobs, we need to process personal data about you. Thus, by accessing and surfing our website ww.sendmyjobs.com or by interacting with us by any other means (email, telephone or other), you consent to us collecting and processing the following personal data:

  • your IP address, which is automatically detected by the server each time you visit our platform, as well as data from cookies stored on your device, such as identifiers;
  • information provided when registering on the sendmyjobs platform: your surname, first name, company name, mobile number;
  • - all information, content and communications (e.g. videos, photos, metadata) that you provide using the services offered by sendmyjobs.
  • information concerning your use of the sendmyjobs platform, such as the pages and accounts with which you interact and any other content you submit.
  • any other information you have voluntarily provided to us.

Why do we process personal data and how is it shared?

We use your personal data to provide you with our services in the following ways:

  • Providing our services :
    • Your profile is visible to all sendmyjobs employees;
    • We use service providers to provide our services (e.g. website maintenance, security enhancements, analysis, marketing, etc.). These service providers will have access to your personal data so that we can provide our services to you and they are required not to disclose or use it for any other purpose;
    • add-ons: we use your information to personalise the add-ons we show you;
  • To provide analysis: we use information relating to your activity on our website to help the advertiser measure the effectiveness of its advertisements (for example: the number of views of an advertisement);  
  • Complying with our legal obligations: we may be obliged to share your personal information in order to fulfil a legal obligation incumbent upon us (e.g. legal proceedings). In this case, we will endeavour, within the limits of our legal obligations, to inform the persons concerned.

On what legal basis do we process your personal data?

The purposes for which we use your personal data and the legal basis on which we do so are as follows:

  • If it is necessary to to provide you with our services (performance of a contract) you have entered into or intend to enter into with us;
  • If you have given us your consent to use them when you register on sendmyjobs ;
  • If it is necessary to compliance with a legal obligation. This includes our obligation to verify your identity when you wish to exercise any of your rights under the Data Protection Act;
  • If this is necessary for our legitimate interest such as improving the website.

How long do we keep your personal data?

We retain your personal data for as long as is necessary to fulfil the purposes for which we collect and process such data and to comply with our legal obligations or until you have deleted your account on our platform. We may keep your data for longer in order to establish, exercise or defend our rights and those of our customers.

If you delete your account, we will delete all the content associated with it (publications, photos, etc.) and you will not be able to retrieve this information at a later date.

Treatment sites

Wherever possible, personal data is stored and processed within the European Union, but may be transferred to and stored at a destination outside the European Union. It may also be processed by staff operating outside the European Union and working for one of our suppliers. We take all reasonable steps to ensure that your data is processed securely in accordance with this Privacy Policy.

We have taken steps to ensure that all personal data is adequately protected and that all transfers of personal data outside the European Union are lawful. Where we transfer personal data outside the European Union to a country which has not been found by the European Commission to provide an adequate level of protection for personal data, transfers will be made under an agreement which covers the European Union's requirements for the transfer of personal data outside the European Union.

Your rights

You have the following rights with regard to the processing of your personal data:

  • Right to request access to your information;
  • The right to have your information corrected if it is inaccurate or not up to date (please note that you can modify the personal data you have provided yourself on the booking platform of our website);
  • Right to erasure of your information, although this right may be limited due to our legal obligations;
  • The right to receive a copy of your information free of charge in a structured, commonly used and machine-readable format, and to pass it on to another data controller;
  • The right to object to the processing of your information and to restrict the processing of your information, although this right may be limited due to our legal obligations;
  • to request that we restrict the processing of your data in the future, although this right may be limited so that we can meet our legal obligations, and to withdraw your consent at any time for any of the reasons for which we collected your personal data.

If you wish to exercise any of these rights free of charge, you can contact us at [info@sendmyjobs.com] or write to us at the following address:

TopiTopa S.R.L. (sendmyjobs)

Avenue de Tervueren, 266 E, box 9

1150 Brussels

Security

We take the security of your personal data very seriously and do our best to protect it and prevent unauthorised access. We use strict procedures and security features to safeguard your personal data. Our staff are also well informed about data protection, confidentiality and security.

Unfortunately, the transmission of information via the Internet is not and cannot be totally secure. Although we will do our best to protect your personal data, we cannot guarantee the security of any data you transmit to us via our website; any transmission is at your own risk and, except in cases of fraud or malicious intent, we accept no liability in this respect. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Security breaches

Every effort has been made to prevent such an incident, but in the unlikely event of a personal data security breach, data subjects will be notified immediately of the extent of the incident and the remedial action that is being taken. The sendmyjobs management team will also be informed and steps will be taken to ensure that similar future events are avoided.

Cookies

Like almost all websites, our website uses cookies to help us provide you with the best possible experience. Cookies are small text files that are placed on your computer or mobile device when you browse websites.

Our cookies help us to :

  • make our website work the way you expect it to;
    remember your settings during and between visits;
    improve the speed/security of our website;
    if you wish, to enable you to share pages on social networks such as Facebook, Linkedin, etc ;
    constantly improve our website for you.

We do not use cookies to :

  • collect any sensitive information (without your express permission);
    transmit your data to advertising networks;
    pass on your personal data to third parties;

Third-party cookies

Our website, like most websites, includes features provided by third parties. Deactivating these cookies will probably alter the functions offered by these third parties.

Give us permission to use cookies

If the settings of the browser you use to view this website are adjusted to accept cookies, we assume that this, and your continued use of our website, means that you accept our use of cookies. If you wish to delete or not use cookies on our site, you can disable cookies by adjusting your browser settings, but this will probably mean that our site will no longer function as you expect.

Your concerns about cookies may be related to so-called "spyware". Rather than disabling cookies in your browser, you may find that If the settings of the browser you use to view this website are adjusted to accept cookies, we take this, and your continued use of our website, to mean that you accept our use of cookies. If you wish to delete or not use cookies on our site, you can disable cookies by adjusting your browser settings, but this will probably mean that our site will no longer function as you expect. Anti-spyware software achieves the same objective by automatically deleting cookies that are considered to be invasive.

Complaints

We hope you never need to, but if you intend to make a complaint about the processing of your personal data, please email us with details of your complaint to info@sendmyjobs.com. We will investigate and respond to any complaint we receive. You can also write to us at the following address

TopiTopa S.R.L. (sendmyjobs)

Avenue de Tervueren 266E Bte9

1150 Brussels

sendmyjobs undertakes to reply to you within one month of receiving your request to inform you :

  • The steps taken to respond positively to your request, or ;
  • In more complex situations, the need to extend the deadline for responding to your request and the reason for the extension, or ;
  • why we are refusing your request. In this case, you have the right to lodge a complaint with the competent data protection authority.

Changes to our Privacy Policy

We reserve the right to make changes to this Charter at any time. Changes will be posted on this page and, where applicable, you will be notified by e-mail. We invite you to check regularly for updates or changes to this Charter.

Applicable law and jurisdiction

This Charter is governed by Belgian law. Any dispute relating to the interpretation or execution of this Charter will fall within the exclusive jurisdiction of the courts of the judicial district of Brussels.

Terms and conditions of use

Article 1. Scope of application
1.1. These conditions of use (hereinafter the "General Conditions of Use") apply to all relations between the limited liability company TOPITOPA, whose registered office is located at 1150 Woluwe- Saint-Pierre, avenue de Tervuren, 266 E, box 9, registered with the Banque-Carrefour des Entreprises under number 0761.773.365 (hereinafter "sendmyjobs") and the user of the www.sendmyjobs.com website (hereinafter the "Website") (hereinafter collectively the "Parties" and individually the "Party") in the version in force at the time of the creation of an account by the user of the Website.
1.2. For the purposes of the General Terms and Conditions of Use, any individual or legal entity accessing the Website is deemed to be a user of the Website, regardless of whether or not they have created a paid or free account on the Website. Users of the Website who have an account are responsible for compliance with the General Terms and Conditions of Use by any natural or legal person who connects to the Website via their account.
1.3. Without prejudice to the possible application of sendmyjobs' general conditions of service, the General Conditions of Use alone are applicable, to the exclusion of any general or specific conditions of the user of the Website which sendmyjobs has not expressly accepted in writing, any tacit acceptance of a user's general or specific conditions by sendmyjobs being excluded.
1.4. Use of the Website is reserved for persons of legal age. Users of the Website acknowledge that they are of legal age.
1.5. Any modification of the General Terms and Conditions of Use shall be notified to the user of the Website (at sendmyjobs's option) by e-mail or via the Website. If the user of the Website does not wish to indicate his agreement to such modifications, he may stop using the Website and/or delete his account.
Article 2. Services
sendmyjobs allows (i) users with an account to post and create a job offer which will be published online, and (ii) the publication of job offers on the Website (the "Services"). These Services are provided via the Internet Site.
Article 3. Website and access
3.1. The user of the Website shall ensure that he/she provides a sufficiently strong password for his/her account and keeps it secret. sendmyjobs shall ensure that the Website does not allow unauthorized access. sendmyjobs shall not, however, be held liable for any damage suffered by a user of the Website and/or a third party as a result of insufficient protection.
3.2. If the user of the Web Site fears or knows that his password is known to a third party, the said user is obliged to change it immediately. In the event that unauthorized access is detected, the user of the Website shall immediately notify sendmyjobs, for its full information, via the Website, by e-mail to the sendmyjobs e-mail address (info@sendmyjobs.com) or by registered mail to the postal address indicated in Article 1.
Article 4. Information entered and/or posted
4.1. The user of the Website undertakes (i) to provide accurate, genuine, complete and up-to-date information, (ii) to create a single account and use it exclusively for his/her own benefit, and (iii) to act on the Website in good faith.
4.2. The user of the Website shall refrain from (i) posting and/or providing on the Website any content that is inaccurate, incomplete, misleading, illegal, offensive or otherwise harmful to other users of the Website, to any third party and/or to sendmyjobs, (ii) importing a virus or any malicious code, program or other computer tool, and (iii) acting in a manner that could disable, overburden or impair the proper working or appearance of the Website.
4.3. The user of the Website remains the owner of any information that he provides or posts on the Website, it being understood that, if the information is protected by intellectual property rights, the user of the Website grants sendmyjobs a non-exclusive, transferable, sub-licensable, free and worldwide license to use, copy, modify, distribute, publish and process the information that the user of the Website provides through the Services and the services of other persons, without further consent, notice and/or compensation.
4.4. Without prejudice to Article 6.3, if sendmyjobs considers that any information provided or posted by the user of the Website is inappropriate, offensive and/or misleading, sendmyjobs is entitled to modify and/or delete such information on its own initiative and without prior notification. Where applicable, the user of the Website will receive notification following the modification or deletion of said information.
Article 5. Liability
5.1. The liability of sendmyjobs is limited to gross negligence and fraud. Without limiting the generality of the foregoing, sendmyjobs may not be held liable for (i) a temporary or definitive interruption of the Services or a temporary or definitive reduction in the quality of the Services, (ii) information posted or provided by users of the Website which may be inaccurate, incomplete, misleading, illegal, offensive or otherwise harmful, or (iii) the downloading of a file, code, program or other malicious computer tool uploaded to the Website by any other user.
5.2. sendmyjobs cannot be held liable for any indirect damage, whether material or immaterial, any provision, loss of earnings, loss of data, income, profits, opportunities and/or clientele, loss of business prospects, increase in costs or insufficient reduction in projected savings, regardless of whether such damage is foreseeable or not.
5.3. The user of the Website indemnifies sendmyjobs against all costs, compensation, damages, actions, expenses and proceedings claimed or brought by third parties and resulting from its acts, faults or negligence.
5.4. In any event, in the event of liability on the part of sendmyjobs, the amount owed by TopiTopa S.R.L. (however qualified) shall not exceed [1,500] EUR, inclusive of all taxes and costs.
Article 6. Deletion of the account
6.1. Users of the Website may delete their account at any time.
6.2. In the event of deletion of the user's account from the Website, sendmyjobs undertakes to delete any information entered or posted by the user on the Website provided that (i) the user has not entered and/or published such information publicly and (ii) no third party has copied, shared or stored such information.
6.3. sendmyjobs reserves the right to delete the account of a user of the Website in the event of a breach of the General Terms and Conditions of Use or, where applicable, of the general terms and conditions of services of sendmyjobs. TopiTopa S.R.L. will not pay any compensation in such cases.
6.4. Clause 5, Clause 7, Clause 8, Clause 9, Clause 10, Clause 14, Clause 15, Clause 16, Clause 17 and Clause 18 will continue to have effect after the deletion (for whatever reason) of the user's account from the Website.
Article 7. Claims and complaints
7.1. For any complaint or claim in connection with the Website and/or the General Terms of Use, the user of the Website shall attempt, for a period of at least two weeks, unless sendmyjobs indicates otherwise, to find a solution with sendmyjobs via the Website or by using the following contact details: 1150 Woluwe-Saint-Pierre, avenue de Tervuren, 266 E, box 9 (e-mail address: info@sendmyjobs.com).
7.2. Failing agreement, the user of the Website is invited to have recourse to an independent dispute resolution body. A list of competent independent dispute resolution bodies is available on the European Union website: https://ec.europa.eu/consumers/odr/main/?event=main.adr. show2.
Article 8. No warranty
sendmyjobs makes no warranties regarding the Services, including, but not limited to, any warranties regarding (i) the uninterrupted operation of the Services, (ii) the results of campaigns and other uses of the Services.
Article 9. Intellectual property rights
The material, copyrights, models and designs, all licenses and other rights to use intellectual property, all transferable licenses and authorizations, processes and data, technical documentation relating to the foregoing and all other intellectual property rights relating to the Website and, in general, any documentation or information relating to sendmyjobs' applications, programs and data are and remain the property of sendmyjobs.
Article 10. Personal data
sendmyjobs is committed to protecting and respecting the personal data it collects and processes in accordance with its Privacy Policy available here: https://topitopa.com/terms-and-conditions/
Article 11. Transfer of rights and obligations
11.1. The user of the Website may not transfer, either wholly or partially, his/her account or his/her rights and/or obligations arising from the General Terms and Conditions of Use to third parties, except with the prior written authorisation of TopiTopa. Any assignment (in the broadest sense) by the user of the Website in contravention of this clause shall be null and void and unenforceable, without prejudice to any other rights of sendmyjobs in respect of such breach.
11.2. sendmyjobs shall have the right to transfer, in whole or in part, its rights and obligations arising from the General Terms of Use to third parties, without the consent of the user of the Website.
Article 12. Subcontracting

sendmyjobs reserves the right to appoint one or more subcontractors to carry out all or part of the obligations arising from or in connection with the General Terms of Use and/or the maintenance, management and access to the Website.
Article 13. Force majeure
13.1. Neither Party may be held liable for any damage, direct or indirect, suffered by the other Party if the failure to comply with its contractual obligations is the result of force majeure.
13.2 However, if the force majeure lasts for more than one month, each of the Parties shall be entitled to delete the user's account from the Web Site without liability or compensation. If the deletion is at sendmyjobs' initiative, sendmyjobs undertakes to notify the user of the Website as soon as possible.
13.3. Cases of force majeure are unforeseen circumstances which are of such a nature as to prevent the performance of the obligations arising from the General Terms and Conditions of Use or which make it disproportionately costly and/or difficult to the extent that the other Party cannot reasonably be expected to comply with the obligations arising from the General Terms and Conditions of Use. In particular, the following events (or the consequences arising from the following events) are considered to be cases of force majeure: strike, company headquarters, epidemic or pandemic, shortages or bankruptcy of one or more suppliers of TopiTopa S.R.L., natural disaster, blockage of communications or temporary impossibility of partial or complete use of the Website due to hosting or service provider problems, or legal or administrative restrictions.
Article 14. Notification
Without prejudice to other methods of notification, the user of the Web Site acknowledges that any notification made by sendmyjobs via the Web Site is valid and enforceable against him.
Article 15. Severability
If any provision of the General Terms and Conditions of Use is declared null and void or unenforceable, in whole or in part, by virtue of any provision of applicable law, such clause shall be deemed unwritten and such nullity or unenforceability shall not affect the validity of the other clauses of the General Terms and Conditions of Use. In this case, the clause in question will be replaced by a valid clause that comes as close as possible to the original intention of the Parties.
Article 16. Language
The General Conditions of Use are written in French and may be translated by TopiTopa S.R.L. In the event of any contradiction or discrepancy between the translation and the French version, the French version shall prevail.
Article 17. Waivers
17.1. The failure or delay of a Party to avail itself of a right under the General Terms and Conditions of Use or of a breach by the other Party may under no circumstances be considered as or have the effect of a definitive waiver by that Party of its right to subsequently avail itself of that right or breach, unless otherwise provided for in the General Terms and Conditions of Use and unless it concerns a right subject to a time limit under penalty of foreclosure.
17.2. Similarly, the partial exercise of a right does not preclude the subsequent exercise of a complementary right.
Choice of forum and applicable law
Any dispute arising out of or in connection with the Terms and Conditions of Use shall be settled by the courts of the judicial district of Brussels and, where applicable, by the Justice of the Peace of Brussels, 2nd canton, applying Belgian law.

Terms and conditions

Article 1. Scope of application
1.1. These general terms and conditions of services (hereinafter the "General Terms and Conditions of Services") apply to all commercial relations between the limited liability company TOPITOPA, whose registered office is located at 1150 Woluwe-Saint-Pierre, avenue de Tervuren, 266 E, box 9, registered with the Banque-Carrefour des Entreprises under number 0761.773.365 (hereinafter "sendmyjobs") and the customer (hereinafter collectively the "Parties" and individually the "Party") in the version in force at the time of the customer's registration on the www.sendmyjobs.com website (hereinafter the "Website") or, where applicable, of any subsequent order.
1.2. The General Terms and Conditions of Services and the order form, once processed by TopiTopa S.R.L., form a contractual whole (hereinafter the "Contract"). Without prejudice to the application of sendmyjobs' general terms and conditions of use, these General Terms and Conditions of Services alone shall apply, to the exclusion of any general or specific terms and conditions of the client that sendmyjobs has not expressly accepted in writing, and any tacit acceptance of the client's general or specific terms and conditions by sendmyjobs shall be excluded.
1.3. The Services (as defined in Article 3) are reserved for companies within the meaning of Article I.1, 1° of the CDE. The customer acknowledges that he/she meets the definition of article I.1, 1° of the CDE.
1.4. Any modification to the General Terms and Conditions of Services will be notified to the customer (at sendmyjobs' option) by e-mail or via the Website. If the customer does not wish to agree to such modifications, he may terminate the Agreement in accordance with Article 5.

Article 2. Interpretation
2.1. The titles of the articles in the General Terms and Conditions of Services have no legal effect and may not be used to interpret them.
2.2. All time limits stipulated in the General Terms and Conditions of Services will be calculated from midnight to midnight. They will begin on the day following the day on which the event causing the period in question to run occurred. The expiry date will be included in the period.
2.3 If the expiry date falls on a Saturday, Sunday or public holiday legally recognised in Belgium, the expiry date will be extended to the next working day.

Article 3. Services and prices
3.1. sendmyjobs allows customers with a free account to post, create and insert one or more job offers on the Website. (the "Services").
3.2. The presentation of the Services, in any form whatsoever, is purely indicative and does not imply any formal offer or commitment. The Contract will only be deemed to have been concluded once the client's order has been explicitly confirmed by sendmyjobs.
3.3. The customer takes out a tacitly renewable monthly/annual subscription. The choice is made by the customer on the order form.
3.4. The Services are subscribed to on an annual or monthly basis, it being understood that this choice is made by the customer on the order form.
3.5. Prices are fixed and are not subject to modification at the Client's request, of any nature whatsoever. No negotiation or bargaining is accepted by the Company. Likewise, no prorating will be applied depending on when the service is subscribed to by the Customer on the Site.
3.6. These subscription formulas are available for limited periods of one month or one year, renewable automatically. The Customer can activate and deactivate the automatic renewal of their subscription in their Private Professional Space. The Customer may cancel their subscription or deactivate automatic renewal at any time by logging into their Professional Private Space. If the Customer cancels their subscription, they will no longer have access to the paid services available on the Site, but their user account will remain open.

Article 4. Invoices and payment terms
4.1. The Services are invoiced (i) annually, in the case of an annual subscription, or (ii) monthly, in the case of a monthly subscription.
4.2. Subscriptions are payable in advance and start immediately upon validation of the payment made on the Site by the Customer.
4.3. The Customer may make payment online via the platform available on the Site, using a credit card or any other means of payment made available.
4.4. As soon as the payment transaction has been accepted, the Company will send confirmation of the subscription to the Customer, together with the relevant invoice.

Duration and extinction modes
5.1. The Agreement comes into force on the date of confirmation by sendmyjobs of the order form.
5.2. The Contract is concluded for successive periods, with no maximum, of one year in the case of an annual subscription or one month in the case of a monthly subscription. Either Party may terminate the Contract at any time, it being understood that termination will take effect at the end of the current period without the customer being entitled to any reimbursement whatsoever.
5.3. Sendmyjobs may, in the event of a serious breach by the client, terminate the Agreement with immediate effect, without notice or compensation, and without formal notice or judicial authorization being required. Without limiting the generality of the foregoing and the notion of serious breach, the following are deemed to constitute serious breach: (i) any breach of sendmyjobs' general terms and conditions of use, (ii) any breach of Article 10.1, (iii) non-payment of an invoice from sendmyjobs, despite formal notice to pay within 8 days.
5.4. Any termination or cancellation is also validly made via the Website or by e-mail.
5.5. Clause 6, Clause 7, Clause 8, Clause 14, Clause 15, Clause 16, Clause 17 and Clause 6 shall continue to have effect after the Contract is terminated, for whatever reason and in whatever form.

Article 6. Liability
6.1. TopiTopa S.R.L.'s liability is limited to gross negligence and fraud. Without limiting the generality of the foregoing GENERAL CONDITIONS OF SERVICES, sendmyjobs shall not be held liable for (i) any permanent or temporary interruption of the Services or any permanent or temporary reduction in the quality of the Services or (ii) any information posted or provided by users of the Website that may be inaccurate, incomplete, misleading, illegal, offensive or otherwise harmful.
6.2. sendmyjobs cannot be held liable for any indirect damage, whether material or immaterial, any provision, loss of earnings, loss of data, income, profits, opportunities and/or clientele, loss of business prospects, increase in costs or insufficient reduction in projected savings, regardless of whether such damage is foreseeable or not.
6.3 The Client indemnifies TopiTopa S.R.L. against all costs, compensation, damages, actions, expenses and proceedings claimed or brought by third parties and resulting from the acts, faults or negligence of the Client.
6.4 In any event, in the event of TopiTopa S.R.L. being held liable under the Contract, the amount payable by TopiTopa S.R.L. in this respect (however described) may not exceed [1,500] EUR, inclusive of all taxes and costs.

Article 7. No warranty
sendmyjobs makes no warranties about the Services, including, but not limited to, any warranties about (i) the uninterrupted availability of the Services, (ii) the accuracy of any candidate information (including, but not limited to, applications, candidate identities, recommendations, connections and references), (iii) the information on which any display targeting categories are based (for example, Website user profile information), (iv) the results of application campaigns and other uses of the Services.

Article 8. Personal data
sendmyjobs undertakes to protect and respect the personal data it collects and processes in accordance with its Privacy Policy available via the link:https://topitopa.com/fr/conditions-generales

Article 9. Collection of evidence
The Company may collect the Customer's opinion and testimonial concerning the Site and the subscription taken out in order to improve its quality and promote it to potential future customers. The Company undertakes to obtain the Customer's consent for references in which the Customer's data is explicitly mentioned. The Customer remains free, at any time, to refuse to give such a testimonial. In the event of acceptance, the Client is invited by the Company to give its formal agreement in writing. Testimonials collected by the Company may be used for documentary or reference purposes.

Article 10. Transfer of rights and obligations
10.1. The Client may not assign its rights and/or obligations under the Agreement, either in whole or in part, to third parties without TopiTopa's prior written consent. Any assignment (in the broadest sense) by the Client in contravention of this clause will be void and unenforceable, without prejudice to any other rights of TopiTopa in respect of such breach.
10.2. TopiTopa S.R.L. shall have the right to assign, in whole or in part, its rights and obligations under the Agreement to third parties without the consent of the customer. In such a case, sendmyjobs will notify the customer (in the form of its choice) as soon as possible.

Article 11. Subcontracting
TopiTopa S.R.L. reserves the right to appoint one or more subcontractors to carry out all or part of the Contract.

Article 12. Force majeure
12.1. Neither Party may be held liable for any damage, direct or indirect, suffered by the other Party if the failure to comply with its contractual obligations results from an event of force majeure. The sum obligations are not affected by a case of force majeure.
12.2. However, if the force majeure lasts for more than one month, each of the Parties shall be entitled to terminate the Contract without any liability or compensation.
12.3. Cases of force majeure are unforeseen circumstances which are of such a nature as to prevent performance of the Contract or which make it disproportionately costly and/or difficult to the extent that the other Party cannot reasonably be expected to comply strictly with the Contract. The following events (or consequences arising from the following events) are therefore considered to be cases of force majeure: strike, company siege, epidemic or pandemic, shortages or bankruptcy of one or more of TopiTopa's suppliers, natural disaster, blockage of communications or temporary impossibility of partial or complete use of the Website due to hosting or service provider problems, or legal or administrative restrictions.

Article 13. Notification
Without prejudice to other methods of notification, the client acknowledges that any notification made by sendmyjobs via the Website is valid and binding on him.

Article 14. Severability
If any provision of the Contract is declared null and void or unenforceable, in whole or in part, by virtue of any provision of applicable law, such provision shall be deemed unwritten and such nullity or unenforceability shall not affect the validity of the other provisions of the Contract. In this case, the clause in question will be replaced by a valid clause that comes as close as possible to the original intention of the Parties.

Article 15. Language
The General Terms and Conditions of Services are drawn up in French and may be translated by TopiTopa S.R.L.. In the event of any contradiction or discrepancy between the translation and the French version, the French version shall prevail.

Article 16. Waiver
16.1 No failure or delay by a Party to enforce any right under the Contract or any breach by the other Party shall be deemed or have the effect of a final waiver by that Party of any subsequent right or breach, except as otherwise provided in the Contract and except in the case of a right which is subject to a time limit on pain of foreclosure.
16.2. Similarly, the partial exercise of a right does not prevent the subsequent exercise of an additional right.

Article 17. Choice of forum and applicable law
Any dispute arising out of or in connection with the Contract shall be settled by the courts and tribunals of the judicial district of Brussels and, where applicable, by the Justice of the Peace of Brussels, 2nd canton, applying Belgian law.

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