GENERAL TERMS AND CONDITIONS OF USE OF ARKEVIA®
1. OBJECT
The purpose of these general terms and conditions is to define the terms and conditions which apply to the access and use of the on-line document archiving facility named ARKEVIA (hereinafter the “Electronic Safe” or “ARKEVIA”).
The ARKEVIA service is open only to employees of companies that have concluded a service contract with CEGEDIM SRH. This Contract is concluded in order to offer the employees the possibility to receive professional documents relating to human resources in digital format, for example, the Electronic Payroll Bulletin.
Terms preceded by capital letters are defined in Article 2 "Definitions".
2. DEFINITIONS
ARKEVIA® is a registered trademark of CEGEDIM SA.
Mailbox : A space for the User to receive Electronic Documents from an Employer.
Safe Electronic – ARKEVIA : Secure Digital Storage Space enabling a User to receive his Documents on a computer support.
Documents : All documents relating to Human Resources, dematerialized by the Employer and stored in electronic format in the Electronic Safe.
Digital Storage Area: a service for storing dematerialized documents.
Employer: Legal entity sending to Users of Documents.
Holder: User, employee of the Employer, having sole access to the Electronic Safe.
User: Employee, current or past, of the Employer who has opened and uses the Electronic Safe and, if applicable, natural persons specifically authorized by the Cardholder.
Operator: A legal entity that implements an electronic safe service and regulates the operational operation of the system and the related security measures, in this case CEGEDIM SRH.
Site : Internet adress www.arkevia.com giving access to ARKEVIA and hosted by CEGEDIM SA.
3. PRESENTATION OF ARKEVIA SERVICE
The ARKEVIA Service meets the requirements of the decree 2016-1762 of 16th December 2016, on the dematerialization of pay slips and their accessibility within the framework of the personal activity account (CPA), which will enter into force on 1st January 2017, providing in particular that the Employer may By default issue pay slips in electronic form. Employees may exercise their right to object by contacting their Human Resources (HR) department.
3.1 Storage Space for Documents Deposited by the Employer
The ARKEVIA service allows the User to receive, via a mailbox, Professional Documents sent by the Employer in a Secure Electronic Safe.
If he wishes, the User is informed by e-mail of the filing of a Document by the Employer. The User is informed that the Documents deposited by the Employer: (i) are retained for the contractually agreed duration with the Employer; (Ii) can not be deleted directly by the User.
3.2 Storage Space for Users Personal Documents
The User also has a personal space in which he can store documents under the conditions set out in Article 3.3 and in the Service Agreement signed between CEGEDIM SRH and the Employer.
3.3 Limits of use
The Electronic Safe is made available to the User by his Employer for the storage of documents. It is expressly pointed out that the storage of any commercial file and / or containing health data is prohibited.
The size of the filed documents can not exceed two megabytes (2 MB). Apart from the Documents directly deposited in the Electronic Safe by the Employer, the maximum storage capacity allocated to the deposit of personal documents is 100 Mb by default. This size is subject to change per employee following the service contract signed with the Employer.
In addition to the Documents deposited by the Employer and provided that these Documents are natively numerical in accordance with the legal provisions in force, it is recalled that the Electronic Safe does not give any special probative value to the Digitized Documents and stored by the User. These Documents are mere copies of the original documents. Consequently, the User is invited not to destroy the original documents and to give them all the care necessary for their preservation.
The documents contained in the Electronic Safe of the User are strictly confidential and remain for the sole use of the latter. The User is however informed that CEGEDIM SRH may have to remove the confidentiality of the documents saved, the disclosure of which would be required by a court or by any competent administrative and / or judicial authority.
3.4 Evolutions
The Electronic Safe proposed is likely to evolve in particular in order to propose new functionalities, to be modified or replaced or to be suspended, in particular as a function of technological evolutions. In such a case, the present GCU will be modified and the User will be informed by a pop-up.
4. ACCESSIBILITY AND REGISTRATION TO THE ARKEVIA SERVICE
4.1. Accessibility
ARKEVIA can be accessed via the website www.arkevia.com.
Before using the Electronic Safe, the User acknowledges:
- ensure that the browser used allows secure access to the Electronic Safe.
- have a valid email address,
The Electronic Safe is available 7 days a week and 24 hours a day, except for periods of maintenance, updates, technical or aesthetic improvements, unexpected interruption of the Site, network or technical intermediary failures, computer or technical difficulties, or Fortuitous event or force majeure event. CEGEDIM SRH does not guarantee that ARKEVIA operates efficiently and uninterruptedly. Operating and / or use disorders are likely to occur during use.
The ARKEVIA service associated with the personal activity account (CPA) allows the User to consult his Electronic Payroll Bulletin.
4.2. Subscription
The opening of an Electronic Safe requires the completion of the form available on the "Registration" page of the website www.arkevia.com.
Some entries are required on a compulsory basis, others on a discretionary basis. Mandatory responses are indicated by an asterisk (*) in front of the corresponding box. If the mandatory information is not met, the User can not proceed to the next step necessary for its registration. The User guarantees that the information he transmits is accurate and undertakes to update it if necessary.
To finalize registration and access to the ARKEVIA Service, the User must indicate his / her registration number and secret code issued by the HR department.
The User is informed and accepts that his e-mail address allows the reception of information concerning the use of the Electronic Safe and related services.
It is the Users responsibility to regularly check his / her contact information and to update it as it changes. In the absence of a valid email address, CEGEDIM SRH will be unable to fulfill its obligations and can not be held responsible for any consequences that may result.
5. ACCEPTANCE OF THE GENERAL CONDITIONS OF USE (CGU)
The Electronic Safe is open to all Users who have accepted these Terms of Use by checking the box provided for this purpose when registering. By this validation, the User expressly acknowledges having read these GCU and declares to accept the whole, without reserve.
CEGEDIM SRH reserves the right to make changes to these GTC. Any change will take effect as soon as it is put online or, as the case may be, on any other date specified in the amendment.
6. RESPONSABILITY
6.1. RESPONSABILITY OF CEGEDIM SRH
CEGEDIM SRH is committed to providing a service that complies with the laws and regulations in force.
The Service of Electronic Safe is open to the Users in the conditions defined in article 3. In no case CEGEDIM SRH commits itself to offer a service answering any specific need to the User.
CEGEDIM SRH can in no way be held responsible for the quality and / or contents stored in the Electronic Safe. Consequently, Cegedim SRH declines all responsibility in case of dispute concerning the content of the documents. In case of dispute concerning the content of a Document deposited by the Employer, the User will approach him directly.
As regards the supply of the Electronic Safe and the accessibility to the Site, CEGEDIM SRH only commits itself within the framework of an obligation of means. CEGEDIM SRH can not therefore be held responsible for malfunctions attributable directly or indirectly to the access providers, third party computer networks or the transfer times of the Documents, or any damage that may result.
The User is solely responsible for the use of the Electronic Safe and all activities carried out under his username and password. CEGEDIM SRH can not be held responsible for any information, messages or Announcements of the User in the Electronic Safe which are contrary to the law, the regulations in force and / or morality.
CEGEDIM SRH can not be held responsible for any security breaches that may occur during transfers of Documents made by the Employer.
CEGEDIM SRH can not be held responsible in case of fraudulent use of the Electronic Safe or in the event of damage (in particular loss, theft, destruction) of the documents stored in the Electronic Safe.
CEGEDIM SRH declines any responsibility in the event of a malfunction or incompatibility between the Electronic Safe on the one hand and the Users personal equipment, including its hardware and software configuration, on the other hand.
CEGEDIM SRH can not be held responsible in particular in the event of interruption, delay or failure of ARKEVIA due to any events beyond its control.
The responsibility of CEGEDIM SRH with respect to the User in respect of the supply and use of ARKEVIA may be challenged by the User only in the case of gross negligence duly established in the " Against CEGEDIM SRH and will be expressly limited to the direct damage suffered by the User to the exclusion, in particular, of indirect damages, such as loss of profit, turnover, data, chance and image. The responsibility of CEGEDIM SRH can not be committed outside the contractual conditions contained in these General Conditions of Use.
CEGEDIM SRH will be absolved of any responsibility in case of force majeure, fortuitous event, by a third party, or the User. The events or incidents beyond the control of CEGEDIM SRH and its control, as defined by the jurisprudence, as well as fires, state of war declared or not, strikes, pandemic, epidemic, floods, catastrophes Natural disasters, civil unrest, acts of terrorism, failure of telecom and Internet operators, power failures, labor shortages, malfunction of the Users equipment, shutdown during maintenance work on the Users equipment or On the platform of CEGEDIM SRH.
6.2. RESPONSABILITY OF THE USER
The User is responsible for the use he makes of the Electronic Vault. Consequently, it undertakes to respect the laws in force, the rights of third parties and the provisions of these GCU.
The User acknowledges having the capacity, competence and means to access and use the Electronic Safe.
The User is prohibited from storing documents containing health data, unlawful information, contrary to morality, legislation and regulations in force, including: breach of applicable intellectual property regulations Intellectual property, incitement to crime against humanity, incitement to hatred and racial discrimination, pedophilia, defamation, soliciting, prostitution, defamatory, offensive, racist, disparaging, promotion of any other Web service providing such illicit information Or information likely to propagate piracy, counterfeiting, fraud or computer viruses.
It prohibits any action of counterfeiting, piracy and, in general, any action violating the intellectual property rights of a third party, of whatever nature and of any importance whatsoever.
Any abuse in the use of the Electronic Safe, or any other use than that for which it is intended as specified above, is prohibited and will justify the immediate suspension of access to the Electronic Safe and / (X) the Users document (s), as well as the termination in the conditions provided for in article 7 of these GCU.
The username and password are strictly personal. Any User is personally responsible for his log-in ID as well as his password and therefore must ensure the security and confidentiality of the login. In the event of a usurpation of its identifier and / or password or the loss of these, the User agrees to inform CEGEDIM SRH as soon as possible. In the event of violation by the User of this obligation of confidentiality or negligence concerning the security of the identifier and / or the password, the User will be solely responsible for the damages that could result, the responsibility of CEGEDIM SRH Under no circumstances being liable for this.
In no case shall CEGEDIM SRH be responsible for the consequences of the choices of management and / or backup of the User.
It is clearly understood that the User will bear the costs of the computer equipment, the subscription costs of his Internet connection operator, as well as the costs of telephone communication which he would be liable for in any capacity, Internet access and use of the Electronic Safe.
The User may be held liable for any breach of these rules.
7. RESILIATION – DISACTIVATION – CLOSING OF THE ELECTRONIC SAFE
7.1. FROM CEGEDIM SRH
CEGEDIM SRH reserves the right to suspend or terminate unilaterally, temporarily or permanently the service of Electronic Safe in particular in the case of:
- suspicion of usurpation of identity of the user
- improper or inappropriate use of the Electronic Safe by the User,
- breach of these Terms of Use,
- non-compliance with the legislation in force,
- non-professional and / or commercial use of the Electronic Safe,
- application by the competent authorities,
- the closing of the service of Electronic Safe due to the cessation of activity of CEGEDIM SRH,
In these cases, the User will receive an e-mail at the known electronic address of CEGEDIM SRH informing him of the dates and conditions of arrest of ARKEVIA, as well as the dates of destruction of the Electronic Safe and its contents . The User will then have a period of three (3) months to recover his documents. After this period, the contents of the Users Electronic Safe will be destroyed. CEGEDIM SRH can not be held responsible for the deletion of documents once this deadline has passed.
7.2. FROM USER
7.2.1 For convenience
The User may disable his account at any time, without notice, via the section provided for this purpose on the Site. He must then first retrieve all the documents he contains.
The final closing of the Safe Electronic will be effective only after confirmation by the User of its will to close it. He will therefore receive an e-mail on his known e-mail address from CEGEDIM SRH inviting him to confirm his desire to close the Electronic Safe.
After its confirmation, the User will no longer be able to benefit from the functionalities of the Electronic Safe. The User will then make his case, before closing, to recover all of his documents stored in the Electronic Safe; CEGEDIM SRH can not be held responsible for the deletion of documents once the deactivation of account has been confirmed.
7.2.2 Death of the user
The Electronic Safe service only allows the user to access the stored documents only by the User, in the event of the latters death, the trust contact previously designated by the User under the heading "My account Designer a trusted contact Will have only access to the data.
Failing this, only a notary may allow the beneficiaries to access the documents before the closing of the Electronic Safe.
7.3. END OF THE RELATIONSHIP BETWEEN THE USER AND THE EMPLOYER
Upon termination of the relationship between the User and the Employer for any reason whatsoever, the Electronic Vault shall remain open and the User may continue to receive Documents thereunder, except in the case of the Employer, in which case , The User shall have three (3) months from the date of notification by the Employer to recover his documents.
The User is informed that the Documents deposited by the Issuer remain accessible, subject to any suspension / termination of access to the Electronic Safe as provided for in Article 7. In the latter case, the User will make Its case to recover all the Documents filed by an Issuer.
The User keeps his digital chest free of charge for fifty years or until he has reached the age mentioned in the last paragraph of Article L. 1237-5, increased by six years.
8. TECHNICAL ASSISTANCE
For any technical question relating to the use of ARKEVIA, the User may address a request to the assistance service of CEGEDIM SRH, directly on the Site via the section provided for this purpose or by email to the following address: contact @ Arkevia.com. CEGEDIM SRH will do its utmost to process the request as soon as possible.
CEGEDIM SRH does not provide any telephone assistance in connection with the use of the Site and / or the Electronic Safe.
9. INTELLECTUAL PROPERTY
ARKEVIA and / or the Site are the exclusive property of CEGEDIM SRH, its sister companies, subsidiaries or affiliates, as well as any software, text, animated or non-animated images, partners. Any representation or total or partial reproduction, by any means whatsoever, of ARKEVIA, the Site and / or any of the intellectual property held by CEGEDIM SRH its sister and / or subsidiary companies, without the authorization Express of CEGEDIM SRH is prohibited and would constitute an infringement sanctioned by articles L.335-2 and following of the Code of the intellectual property.
The brand ARKEVIA®, as well as the logos appearing on the Site and / or the Electronic Safe, are registered trademarks and are therefore the property of CEGEDIM SA and its sister and subsidiary companies and / or that of their partners. Any total or partial reproduction of these marks or logos carried out without the express authorization of CEGEDIM SA is therefore prohibited, within the meaning of Articles L.713-2 and L.713-3 of the Intellectual Property Code.
The ARKEVIA Electronic Safe is the exclusive property of CEGEDIM SRH.
10. PARTIAL NULLITY / NON-RENUNCIATION / INACESSIBILITY
If one or more stipulations of these General Conditions of Use are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent jurisdiction, the other stipulations shall retain all Strength and full scope. By express agreement, the null or invalid clause concerned will then be replaced by a clause which will be closest, in its content, to the clause originally adopted.
The fact that CEGEDIM SRH does not avail itself of any of the provisions contained herein for a certain period of time can not be interpreted as a waiver by CEGEDIM SRH in future.
The User may not assign or delegate all or part of his rights or obligations hereunder.
11. PROTECTION OF PERSONAL DATA
11.1.Personal data collected
In accordance with the law n ° 78-17 of 6th January 1978 known as "IT and Freedom Law" modified in 2004, the User is informed that CEGEDIM SRH is required to collect personal data concerning him, Registration on the Site by means of the form provided for this purpose, with the aim in particular of allowing him access to the service of Electronic Safe ARKEVIA.
This data is intended for the personnel of CEGEDIM SRH, responsible for processing, as well as its subcontractors and potential partners.
Each User who has communicated personal data has the right to access, rectify and delete for legitimate reasons the data concerning him.
To exercise these rights, the User shall address:
- an e-mail to the following e-mail address: contact@arkevia.com or
- a postal mail to the following address: CEGEDIM SRH, 17 Rue de l’Ancienne Mairie, 92100 BOULOGNE-BILLANCOURT.
In the case of his surnames, first names, e-mail address, contact of confidence, the User can also carry out these modifications himself, on the modification page of the account.
CEGEDIM SRH will protect the personal data which have been communicated to it by the Users in accordance with the provisions of the Data Protection Act, in particular to prevent this data from being distorted, damaged or communicated to unauthorized third parties.
CEGEDIM SRH is not responsible for the processing of personal data by the Employers. Therefore these stipulations do not govern these treatments.
11.2.Using Cookies
In order to allow the User to benefit from all the functionalities of the Site, cookies must be installed on his computer. These cookies allow in particular an automatic authentication of the User. They are installed only with the explicit permission of it (Remember my account on this computer).
| Name | Origin | Object |
| BIGipServerPOOL | Cegedim | This session cookie is used to allow the site to benefit from better availability. The cookie is set up by our load balancing system to maintain a user session on only one of our web servers. It is deleted when you close your browser. |
| JSESSIONID | Java | This cookie is generated by Servlet containers like Tomcat or Jetty and used to manage sessions in the J2EE Web application for http protocol. It allows to connect two separate requests coming from the same client and thus to manage user sessions. |
12. APPLICABLE LAW AND COMPETENT JURISDICTION
The applicable law is French law. In the absence of an amicable agreement, any dispute relating to the conclusion, validity, execution or interpretation of these Terms of Use shall be submitted to the Courts of Paris.