Terms and Conditions of Use

Preamble

Convinced that access to healthcare and quality of care are essential elements in building an egalitarian society, Hublo is committed to transforming healthcare establishments into fulfilling workplaces.

To achieve this, Hublo designs digital solutions that significantly improve working conditions for healthcare professionals, enabling them to concentrate fully on their one and only mission: care.

The purpose of these General Terms and Conditions of Use (hereinafter "GTCU") is to define the conditions under which users of the platform may benefit from the services designed by Hublo.

IMPORTANT: ANY USE OF THE PLATFORM IN ANY CAPACITY WHATSOEVER IMPLIES ACCEPTANCE BY THE USER, WITHOUT RESERVATION, OF THESE TERMS AND CONDITIONS OF USE.

Article 1. Definitions

Unless otherwise specified, the following terms and expressions have the meaning given below if they appear with their first letter capitalized, whether in the singular or plural.

  • "Administrator": refers to a user registered in the context of the exercise of his/her professional activity by a customer healthcare facility (notably executive, senior executive, manager, team leader, payroll manager, HR). Each Administrator is granted a personal license.
  • "Healthcare Professional": refers to any healthcare professional holding an Account who applies :some text
    • a job offer published by a Customer on the Platform, as part of Hublo's services (the "Hublo Healthcare Professional");
    • a job offer published by a Customer as part of the Mstaff services (the "Mstaff Healthcare Professional").
  • "Account": refers to a User's personal space, accessible via the Platform using his/her Identifiers, enabling him/her to access the Services.
  • "Customer": refers to any healthcare facility, public or private legal entity, which has entered into a commercial contract with Hublo for the use of the Platform.
  • "Identifiers": refers to the email/password combination required by all Users to identify themselves and access the Platform*.
  • "Platform": refers to the platform accessible via the websites https://hublo.com/fr (Hublo service) and https://mstaff.co (Mstaff service), or via the application (for the Services concerned). The Platform groups together all the Services and functionalities offered to Users.
  • "Services": refers to the services offered by Hublo to Users as described in article 3 of these GCU.
  • "User": refers to any individual or legal entity holding an Account on the Platform. This may be an Administrator (on behalf of a Customer) or a Healthcare Professional.

Article 2. Subject

These GCU define the relationship between Hublo and Users in the context of the use of the Platform. They are not intended to govern any hierarchical or contractual relationship between Users.

Use of the Platform implies acceptance of these Terms and Conditions. The User therefore undertakes to read them carefully when registering.

These GTU are referenced via a hypertext link accessible on the Platform and can thus be consulted at any time.

Article 3. Services offered by Hublo

Hublo offers the following services:

  • Hublo" service: a replacement management tool, Hublo enables healthcare establishments to offer assignments to Hublo healthcare professionals. Healthcare professionals who have chosen to be affiliated to the healthcare establishment concerned can be contacted.

    In addition, Hublo enables a healthcare establishment faced with a shortage of available Hublo Healthcare Professionals for a given assignment to call on an external pool of caregivers. This pool, made available by Hublo, enables the healthcare establishment to optimize its use of the Platform.
  • the "Mstaff" service: a simple, collaborative HR tool designed in conjunction with healthcare establishments, to help them manage their recruitment processes, from the posting of job offers to the validation of a Mstaff healthcare professional, and to effectively develop their employer brand.

Article 4. Account registration and management

4.1. Prerequisites

The User acknowledges having the necessary means and skills to use the Platform.

The equipment required to access and use the Platform is at the User's expense, as are the telecommunication costs incurred by their use.

Technical requirements :

  • The mobile application is available 24/7, and is compatible with smartphones and tablets on the following two platforms:some text
    • Apple iPhone, iPad, iPad mini (all hardware versions) running iOS13 and above.
    • Android (all hardware versions) under Android 10 and higher.
  • the Platform is accessible via any computer operating system (Windows, Apple, Linux).
  • The website is at least compatible with the ten latest market versions of the following browsers: Google Chrome, Microsoft Edge, Mozilla Firefox and Apple Safari.

4.2 Administrator account management

4.2.1. Creation

An Administrator's Account is created when the Platform is set up with the Administrator's establishment. The Administrator's personal data is collected directly by the Customer in compliance with applicable regulations.

Each Administrator has an individual license. A customer may request the creation of new Administrator licenses at any time, in accordance with the contractual conditions agreed with Hublo.

4.2.2. Delete

Administrator Accounts are deleted at the same time as the contractual relationship between Hublo and the Customer is terminated.

Deletion may also take place at Hublo's initiative in the event of breach by the Administrator of contractual terms (in particular breach of the GTC and other commercial contracts).

4.3 Managing Health Professional Accounts

4.3.1. Creation

A Healthcare Professional's Account is created following voluntary registration. Registration is free of charge via a dedicated form. Hublo secures the creation process by ensuring that an Account is attached to only one User.

Access to the Account by the Healthcare Professional is via his/her Identifiers, from an Internet connection or via the mobile application if compatible with the Service offered.

Healthcare Professionals can take full advantage of the Platform once their Account has been definitively validated.

4.3.2. Delete

Please note that any incomplete account will be deleted 72 hours after the last formality has been completed.

The Healthcare Professional can delete his or her Account directly on the Platform, or by sending an e-mail to contact@hublo.com (Hublo service) or support-mstaff@hublo.com (Mstaff service).

In the event of a breach by a Healthcare Professional of any of its obligations under these GCU, Hublo may delete its Account without delay. Such deletion shall be without prejudice to any damages that Hublo may claim from the Healthcare Professional as compensation for the loss suffered as a result of the breach.

The Customer himself may also request the withdrawal of a Healthcare Professional Account in the event of misuse of the Platform by the latter.

Article 5. User obligations

5.1. General

Each User is obliged to :

  • behave fairly towards Hublo and third parties;
  • be honest and sincere in the information provided to Hublo and, where applicable, to other Users;
  • use the Platform in accordance with its purpose as described in these GCU;
  • not to divert the purpose of the Platform to commit crimes, offences or contraventions punishable by the Penal Code or any other law;
  • respect the privacy of third parties and the confidentiality of exchanges ;
  • respect Hublo's intellectual property rights relating to the elements of the Platform and, where applicable, the intellectual property rights of other Users;
  • not to seek to undermine the automated data processing systems implemented on the Platform within the meaning of Articles 323-1 et seq. of the French Penal Code;
  • not to modify the information put online by Hublo or by another User;
  • not to use the Platform to send unsolicited bulk messages (advertising or otherwise);
  • not to disseminate data that would diminish, disorganize, slow down or interrupt the normal operation of the Platform.

5.2. Personal use

Each User is personally responsible for the use of the Account assigned to him and for the content he publishes. The User may not hold Hublo liable in any way for any use of the Platform that does not comply with these GCU.

5.3. Confidentiality of Identifiers

Identifiers are personal and the User undertakes not to divulge them. In this respect, the User is solely responsible for the use of his/her Account until it is deactivated. Consequently, the User releases Hublo from any liability in this respect.

Should a User disclose or use his Identifiers in a manner contrary to their intended purpose, Hublo may automatically suspend the Account without notice or compensation.

Under no circumstances will Hublo be held responsible in the event of usurpation of a User's identity. All access and actions carried out from a User's Account will be presumed to be carried out by that User, insofar as Hublo has no obligation and does not have the technical means to ensure the identity of persons accessing the Platform from an Account.

Any loss, omission, misappropriation or unauthorized use of a User's Identifiers and the consequences thereof are the sole responsibility of the User. In the event of theft, misappropriation or usurpation of Identifiers, the User must notify Hublo without delay by e-mail to contact@hublo.com (Hublo service) or support-mstaff@hublo.com (Mstaff service).

Article 6. Hublo's obligations

6.1. General obligations

Hublo acts simply as a service provider (supplying computer software), and cannot be assimilated, in particular, to a temporary employment agency, a recruitment agency or a human resources consultancy.

Hublo is bound by a general obligation of means, and in no way by an obligation of result or reinforced means. Consequently, Hublo :

  • does not intervene in any way in the validation or verification of information exchanged by Users on the Platform, and generally does not intervene at any time in their relationship;
  • is in no way a substitute for the Customer, who is responsible for checking that the Platform is used correctly within his or her organization, and cannot be held liable for any malfunction.

6.2. Hosting - Availability

Hublo undertakes to use its best endeavours to make the Platform and its functionalities accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond its control, for which hypotheses Users acknowledge that Hublo cannot be held responsible.

Hublo reserves the right to temporarily interrupt access to the Platform or to suspend all or part of the Services for maintenance reasons, to improve and install new functionalities, to audit proper operation or in the event of a malfunction or threat of malfunction.

Hublo cannot be held responsible for any disruptions, interruptions or anomalies beyond its control that may affect transmissions via the Internet and, more generally, the User's communication network, regardless of the extent or duration of such disruptions or anomalies.

It is specified that, in its capacity as host within the meaning of the law of June 21, 2004 for confidence in the digital economy, Hublo reserves the right to remove any content published by a User that has been brought to its attention and that it considers to be manifestly illicit.

6.3. Customer service - Support

Users can contact customer service by e-mail at contact@hublo.com (Hublo service) or support-mstaff@hublo.com (Mstaff service), 7 days a week, from 7am to 8pm. A "FAQ" page, providing answers to the most frequently asked questions, is also available on the Platform.

Article 7. Liability and warranties

7.1. General principles

Hublo declines all responsibility:

  • in the event of temporary inaccessibility to the Platform for technical maintenance or updating of published information;
  • in the event of virus attacks or unlawful intrusion into an automated data processing system;
  • in the event of abnormal use or illicit exploitation of the Platform by a User or a third party;
  • in the event of any claim, demand, opposition or any other proceedings brought against Hublo in connection with the use of the Platform;
  • in the event of a complaint, claim, opposition or any other proceedings brought against Hublo in connection with the creation of an Account by a User, and in particular in the event that the person having acted in the name and on behalf of a Customer lacks the internal authorizations to do so. In such a case, acceptance of these GCU (and a fortiori of any contracts entered into subsequently) cannot be called into question, and the Customer will remain legally responsible to Hublo for the actions of its Administrators.

7.2. Warranties

Hublo guarantees to provide the User with Services that comply with the commitments made in these GCU.

Within the limits mentioned in these GCU, Hublo guarantees that it will assign and maintain sufficiently trained personnel to perform the services requested.

Hublo guarantees the upward compatibility of successive versions of the Platform and Services.

Hublo warrants that the Platform is designed to allow use by a growing number of Users. Hublo warrants that the Platform and the Services are capable of evolving according to the state of the art as well as according to regulatory and legislative developments relating to the functionalities covered. Hublo guarantees that the Platform and the Services comply with the legal and regulatory provisions in force.

7.3. Force majeure

None of the Users shall be held liable for any loss, damage, delay, non-performance or partial performance resulting directly or indirectly from a case of force majeure, in accordance with the case law of the French Supreme Court.

Each User shall immediately inform the other, in writing, of the occurrence of a case of force majeure. The obligations of the User affected by the case of force majeure, and in particular the deadlines for fulfilling its obligations, will be suspended.

7.4. Hypertext links

Hyperlinks to the Hublo Platform are in principle authorized provided that Hublo is informed in advance (contact@hublo.com or support-mstaff@hublo.com), that they do not denigrate Hublo and the Services it offers, or make any use that could harm Hublo's image.

7.5. Disputes between Users

Any dispute arising between Users in connection with the use of the Platform shall be dealt with directly between them, Hublo not being a party to the contractual relationship.

Article 8. Protection of personal data

8.1. Personal data

Hublo undertakes to comply with the regulations in force on the processing of personal data and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 and Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms in its current version.

The principles relating to the processing of personal data on the Platform are described in the privacy policy available at the following address: https://hublo.com/

Any request relating to the protection of personal data can be made by e-mail to dpo@hublo.com.

8.2. Solution hosting

Hublo uses AWS data centers that have the necessary approvals and authorizations to ensure the security of hosted data. The data centers are located within the European Union.

AWS, the global leader in cloud hosting, supports numerous security standards and compliance certifications, including PCI-DSS, HIPAA/HITECH, FedRAMP, GDPR, FIPS 140-2 and NIST 800-171, helping customers meet the compliance requirements of the vast majority of regulatory bodies worldwide. AWS is certified to ISO/IEC 27001:2013, 27017:2015, 27018:2019, ISO/IEC 9001:2015 and CSA STAR CCM v3.0.1.

Some data is also hosted on Heroku, whose data centers are located in Dublin, also within the European Union.

Heroku also conducts regular audits and maintains PCI, HIPAA, ISO and SOC compliance to reinforce customer confidence.

Hublo also relies on Cloudflare's Content Delivery Network (CDN), designed to optimize security, performance and reliability.

Article 9. Intellectual property rights

Hublo's trademarks, all trademarks whether figurative or not, all other trademarks, illustrations, images, texts, comments, and logotypes appearing on the Platform, whether registered or not, the general structure of the Platform, as well as the software texts, animated or still images, its know-how, drawings, illustrations, database and any other element composing the Platform are and will remain the exclusive property of Hublo.

The same applies to all copyrights, designs, models and patents which are the property of Hublo. Any total or partial reproduction, modification, extraction or use, for any reason and on any medium whatsoever, without the express prior consent of Hublo, is strictly forbidden.

Article 10. Legal information

Hublo is a société par actions simplifiée (simplified joint-stock company) under French law, with its registered office at 86 Rue Voltaire - 93100 Montreuil, registered with the Bobigny Trade and Companies Registry under number 822 276 986. Its legal representative is Antoine Loron.

Hublo benefits from the status of a company with a mission, in application of law no. 2019-486 of May 22, 2019 relating to the growth and transformation of companies, known as the "PACTE law".

Article 11. Validity of the GCU

These GCU take effect as soon as the User registers on the Platform and apply for the entire duration of use, until the Account is deleted.

They may be modified and updated by Hublo at any time, in particular to adapt to changes in legislation and regulations or for any substantial changes to the Platform. Users will be informed by any means. In the event of refusal to accept the modified GCU, Users may contact Hublo in order to delete their Account at contact@hublo.com (Hublo service) or support-mstaff@hublo.com (Mstaff service).

In all cases, the applicable GCU are those in force at the time of use of the Platform.

If any provision of these GCU is held to be invalid by any applicable law or regulation and/or by any court decision having the force of res judicata, such provision shall be deemed to be unwritten, but shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Any such modification or ruling shall in no way authorize Users to disregard these GCU.

Article 12. Applicable law and competent court

These GCU are governed by French law and any dispute relating to their existence, validity, interpretation or termination shall be submitted to the exclusive jurisdiction of the Commercial Court of Paris.