Submitting an application for a public service position

Legal Notices & Terms of Use for the Online Service “Submitting an application for a public service position”

Last updated: 01/02/2023

Legal Notices

This Online Service “Submitting an application for a public service position” is operated by the Human Resources and Training Department of the State of Monaco.

PUBLISHER

Human Resources and Training Department

3ème étage - Stade Louis II - Entrée H
(3rd floor - Louis II Stadium - Entrance H)
1 Avenue des Castelans
MC 98000 MONACO

Phone: (+377) 98 98 81 13

Email: fonctionpublique@gouv.mc

Postal address: 1 avenue des Castelans, BP 672, MC 98014 MONACO CEDEX

Contact form: click here

DIRECTOR OF PUBLICATION           

Digital Services Department

Mr Julien DEJANOVIC

2 rue du Gabian

Immeuble ‘Les Industries’MC 98000 MONACO

Phone: (+377) 98 98 40 26

Postal address: Direction des Services Numériques, 2 rue du Gabian, Immeuble ‘Les Industries’, BP 673, MC 98014 MONACO CEDEX

Contact form: click here

HOSTING

Information Technologies Department

23 avenue Albert II

MC 98000 MONACO

Phone: (+377) 98 98 81 14

Postal address: Direction des Systèmes d’Information, 23 avenue Albert II, BP 699, MC 98014 MONACO CEDEX

Contact form: click here

Online Service - Terms of Use

PREAMBLE

These terms of use (the “ToU”) set out the terms and conditions for accessing and using the Online Service “Submitting an application for a public service position” operated by the Human Resources and Training Department (the “HRTD”).

The ToU apply to all Users, who are required to accept them on connecting to the Online Service for the first time, by checking a box in order to access the service “Submitting an application for a public service position”.

The User confirms that they have read and understood these ToU in their entirety before using the Online Service and undertakes to comply with them.

Pursuant to Article 46(2) of Sovereign Ordinance No. 3,413 of 29 August 2011 implementing various measures concerning relations between the Government and citizens, the ToU of the Online Service applicable to the User are those accessible electronically on the day on which the User uses said Online Service.

The ToU are applicable at all times while using the Online Service.

The Government reserves the right to make changes to these ToU at any time, including where changes are made to the service provided by the . The amended ToU will apply with immediate effect on their publication on the Online Service, and will supersede all other versions.

Pursuant to Article 43(2) of implementing various measures concerning relations between the Government and citizens, the creation of this Online Service does not preclude the User from completing the procedure by means other than the Online Service.

The User may opt to stop using the Online Service at any time, but remains responsible for any prior use. To complete their procedure by means other than the Online Service, the User must send their request to the Driver and Vehicle Licensing Office via the corresponding form available on the Public Service Website, by clicking here, or by email to the address fonctionpublique@gouv.mc, by post, or in person at the Human Resources and Training Department.

For all requests for information or claims, the User is invited to here.

DEFINITIONS

The following words and phrases, beginning with a capital letter, whether used in the singular or plural, are employed herein with the meanings specified below:

  • "Government": the Government of Monaco
  • "HRTD": Human Resources and Training Department (Direction des Ressources Humaines et de la Formation de la Fonction Publique)
  • "Terms of Use" or "ToU":  this document
  • "Personal Account": account created by the User enabling access to MonGuichet.mc
  • "Procedure": all of the actions and interactions that an individual or business can engage in with Monaco’s government departments. Public Service procedures can be accessed from the Public Service website by clicking here. Procedures which can be carried out online are those which can be carried out electronically using an Online Service
  • "Personal Data" or "Personal Information": any information relating to an identified or identifiable individual (“data subject”). An “identifiable individual” 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 the physical, physiological, genetic, mental, economic, cultural or social identity of that individual
  • "Online Service": generally, as defined by Ordinance No. 3.413 of 29/08/2011, amended, implementing various measures concerning relations between the Government and citizens, this term refers to “[…] any information system enabling Users to carry out administrative formalities or Procedures or to make payments electronically”; in this case, it refers to the Online Service “Submitting an application for a public service position”
  • “User”: any adult natural person over the age of 18 using the Online Service

PURPOSE OF THE TERMS OF USE

These Terms of Use are intended to set out the conditions for using the Online Service operated by the Human Resources and Training Department

for the procedure “Submitting an application for a public service position”

ACCESS TO THE ONLINE SERVICE

1.1 Conditions

The User acknowledges that access to the Online Service requires compliance with all of the instructions set forth in these Terms of Use.

The Online Service may be accessed free of charge by Users with an internet connection. Any costs incurred when accessing the Online Service (cost of hardware, software, or internet access) are exclusively borne by the User. They will under no circumstances be reimbursed by the Government. The User is also fully responsible for ensuring that their computer equipment and internet access function correctly.

In order to use the Online Service, the User must confirm their identity via a Personal Account available on the website MonGuichet.mc. This account must be created if they do not already have one, or do not wish to use an existing account.

The User undertakes to inform the Government immediately of any unauthorised use of their personal account. The Government accepts no liability for any damage caused by unauthorised use of the username and password.

The Government reserves the right to refuse access to the Online Service unilaterally and without notice for any User who fails to abide by these ToU.

The Government also reserves the right to cancel access to the Online Service without notice or compensation, in the event that it is used illegally or in a manner that breaches human rights or the interests of third parties more generally.

For information, and without any binding guarantee from the Government, the Online Service is open 24/7, except in cases of force majeure, unforeseen circumstances, or where prevented by the actions of third parties, such as those usually provided and defined by Monegasque case law. Similarly, the Government reserves the right to suspend the Online Service for maintenance, updates, or for any reason, entirely at its own discretion.

The Government is therefore not bound by any duty of performance with regard to access to the Online Service, and under no circumstances accepts liability for any interruptions in such access or consequences thereby arising.

1.2 Procedure

On visiting the Online Service, an introductory page displays information about the context, principles, and conditions of the procedure.

When first using the Online Service, a page is displayed inviting the User to accept the Terms of Use and the processing of Personal Data.

The Online Service homepage comprises the main menu of the Online Service, where the User is able to begin an application or view previous applications. From this page, the User may also unsubscribe from the Online Service.

The application submission form consists of 3 (three) preliminary steps and then 5 (five) further steps: (i) eligibility requirements; (ii) vacancies, (iii) reuse of data; (I) personal information; (II) career profile; (III) supporting documents; (IV) sworn statements; and (V) summary of application.

Please note that applications which have not been finalised (left in a draft version) will not be considered by the HRTD.

The application status changes depending on actions carried out by the User or by the HRTD. In the event of an incomplete application or unusable supporting documents (for example those which are illegible, inappropriate, etc.), the HRTD may contact the User by email to ask for additional information.

At different stages in the application process (refused, accepted, or closed), one or more documents are made available to the User in the User area of the Online Service (on a durable medium in PDF format). The User is notified of this by email.

1.3 Data retention

Personal Account

Any Personal Account which remains unused for a period of more than three (3) years will be automatically unsubscribed. The User will be sent an email informing them that their account is to be unsubscribed.

Automatic unsubscription of the Personal Account by the Government will result in all of the User’s Personal Data on the MonGuichet.mc website being deleted within ten (10) days.

Online Service data

Automatic unsubscription of the Personal Account by the Government will also result in automatic unsubscription from all Online Services previously used by the User within ten (10) days. The User will be sent an email informing them that they are to be unsubscribed from each Online Service.

When the User unsubscribes from the MonGuichet.mc website, the Government will also immediately unsubscribe them from all Online Services previously used by them.

In both cases, the process of unsubscribing from the Online Service causes all of the User’s Personal Data and all documents provided to the Government in connection with the use of this Online Service, to be deleted permanently.

Online Service login and usage data

The technical login and usage data relating to the Online Service are kept for thirty (30) days.

UNDERTAKING ON THE USE OF THE ONLINE SERVICE AND ITS CONTENT

The Government reserves the right to suspend, interrupt, or restrict access to all or part of the Online Service at any time and without prior notice, and for a period of its choosing (including permanently). The User is informed that the Government may terminate or change the features of the Online Service at any time and without notice.

The User agrees not to commit any illegal or fraudulent acts on the Online Service.

The User undertakes to enter the information required for the procedure at his/her own liability, under his/her own control and direction, to provide complete, accurate and up-to-date information, and to refrain from using another person’s identity.

Acts detrimental to the name and/or image of the State of Monaco, or which may damage, overload, discredit, disable or cause the failure of the Online Service, are strictly prohibited by these Terms of Use.

Such acts include, but are not limited to: transmission by email or otherwise of content intended to persecute, harass, bully, defame, discriminate, or insult, or the transmission of any other information or opinions of a personal nature concerning one or more individuals or which infringe human rights or harm Users who are minors.

All correspondence must be courteous and observe the basic rules of civility.

INTELLECTUAL PROPERTY

All elements of the Online Service are and remain the exclusive intellectual property of the Government.

All of the rights associated with any content published on this Online Service are the exclusive property of the Government, except where it is explicitly indicated that the rights belong to a third party. This includes, but is not limited to, all texts, comments, titles, names, photographs, sounds, images, data, drawings, animated sequences with or without sound, videos, functions and charts, which are protected by the legislation on copyright protection in force in Monaco.

With the exception of official documents, any use, representation, transformation, reproduction, adaptation or dissemination, in whole or in part, of any element or content from this Online Service on any media and via any procedure is prohibited and constitutes a criminal offence that will be prosecuted by the Monaco courts, unless express permission is obtained from the Government.

The User shall therefore refrain from any action intended to appropriate or attempt to appropriate unduly any information or file content, including for the purpose of creating a documentary database or reconstituting all or part of the original files.

Marks and/or logos owned by the Government and appearing on this Online Service are protected by statutory provisions applicable in Monaco. Any reproduction of these marks and/or logos, in whole or in part, without the permission of the owner, is a criminal offence and will be prosecuted by the Monaco courts.

LIABILITY

1.1 User’s liability

The User is solely liable for the procedures they undertake, for their use of the Online Service, and for the direct or indirect consequences of such use. The User must use the Online Service in accordance with applicable laws and regulations, including the recommendations of the Monegasque data protection authority, the “Commission de Contrôle des Informations Nominatives” (ccin.mc). Under no circumstances may the Government be held liable for any damage of any kind which may result from the use of the information provided. The User shall hold the Government harmless against any claim and or legal action or any kind resulting from any breach of these provisions. The Online Service must not be used in an abusive or malicious way.

Generally, the User undertakes to use the Online Service:

  • In accordance with Monegasque laws and regulations, the rights of third parties, and intellectual property rights.
  • Fairly and in accordance with its intended purpose.
  • At their own risk.

Users of the Online Service are required to comply with these Terms of Use, and must refrain from using or attempting to use the Online Service and its features for any purpose other than those provided for herein.

The User is invited to report any problem or content that appears to be unlawful, offensive, distressing, or indecent via the contact form by clicking here. The Government may take any steps it deems necessary in the event that the Online Service is found to have been used unlawfully or without permission.

1.2 Government’s liability

The User acknowledges and accepts that, with regard to the Online Service, the Government may not be held liable in the event of hacking, alteration or misuse of data or the network, or any use that is unlawful or harmful to a User or to a third party.

The Government shall not be liable to the User for damage of any kind, direct or indirect, resulting from use of the Online Service or from the unavailability of the Online Service.

Furthermore, the Government shall not be liable for any delay or fault caused by force majeure, events beyond its control, or actions or omissions by the User or a third party.

The Government shall endeavour to ensure that the information published on this Online Service remains accurate and up-to-date, but accepts no responsibility for any use made of erroneous or outdated information.

ONLINE SERVICE SECURITY

The Online Service requires a sufficiently fast internet connection and equipment and resources enabling Users to access and browse the Online Service.

The User is aware of the risks associated with using the internet, and accepts the corresponding limitations and risks.

The Government makes every effort to secure the Online Service with regard to the risks involved and the nature of the data processed.

The User may not fraudulently access or remain in any part of the Online Service, delete or modify data contained on the Online Service, place data on the Online Service fraudulently, or alter the Online Service or disturb its proper operation.

The User undertakes not to attempt to modify or manipulate the pages of the Online Service in order to conceal, hijack, or modify them.

It is strictly prohibited to: (i) reproduce, modify, adapt or alter the Online Service and/or its content; (ii) access or seek to access the Online Service’s source code using decompilation, reverse engineering or any other technique or method; (iii) make accessible or send parts of the Online Service or content to which access is restricted to third parties; (iv) use the Online Service for an unlawful purpose, to which end Users undertake not to include any false, incomplete or inaccurate information, or any virus, Trojan horse, worm, time bomb or any other programme designed to damage, produce a harmful effect, intercept or block any system, data, or Personal Information.

Where necessary, the User must have a secure connection or network, antivirus software, and an up-to-date operating system to protect the Government, as far as possible, from any damage relating to insecure use of the Online Service. The User undertakes to take all appropriate steps to protect their data and hardware, and is responsible for the security of their data and the network they use at their own risk.

In the event that the User becomes aware of an event that could compromise the security of the Online Service, such as an error, fault, malfunction, hacking, loss of data, vulnerability or irregularities, they are invited to get in touch with the Government immediately by clicking here.

PERSONAL DATA PROTECTION

Pursuant to personal data protection regulations applicable in the Principality of Monaco, Personal Data obtained via this Online Service are collected by the HRTD which acts as data controller.

1.1 Purpose of processing

As part of the provision of this Online Service, the HRTD processes Personal Data for the purpose of the procedure “Submitting an application for a public service position”.

This processing enables the User to:

  • Submit one or more applications on their own behalf 
  • Access the online service and their previous applications

1.2 Justification for processing

The processing of data is part of the Government’s remit. It is justified by the pursuit of the Government’s legitimate interests:

  • To provides Users with a modern, eco-friendly, economical, and secure means of  completing and paying for administrative procedures
  • To simplify Users’ administrative procedures by enabling them to complete formalities electronically and remotely in accordance with Sovereign Ordinance No. 3,413 of 29 August 2011 implementing various measures concerning relations between the Government and citizens
  • Furthermore, the processing is also justified by the prior consent given by Users for the processing of their Personal Data by checking a box

1.3 Mandatory nature of information requested or collected

Some of the information collected via this Online Service is mandatory and required in order to process and pay for applications, and also in order to reply to any question or query raised by the User (e.g. first name, last name, postal address, email address, etc.).  If mandatory fields in the form (those marked with a *) are not completed, the Government may be unable to process the application and pass it to the appropriate department.

1.4 Identity of recipients

The Personal Data processed as part of the Online Service’s functions and features is intended for the Government only, and is not passed to third parties for commercial or advertising purposes.

The Government undertakes not to disclose these data to third parties, except where permitted by law. The Personal Data collected will also be disclosed solely to authorised personnel of the State of Monaco (Digital Services Department and Information Technologies Department), in strict compliance with applicable provisions and for support and maintenance purposes.

1.5 Retention periods

The information provided by the User in the course of making and processing an Application, and paying the associated fees, is kept for a period of two (2) years from the date on which the application is submitted.

The technical login and usage data relating to the Online Service are kept for thirty (30) days.

Information collected via cookies and which is necessary for the Online Service to function correctly, is kept for a maximum of thirteen (13) months.

1.6 User’s Personal Data rights

Under Personal Data protection provisions applicable in the Principality of Monaco, data subjects have the right to access or oppose the use of their Personal Data, and the right to ask for their Personal Data to be rectified, updated, or deleted if they are incomplete or out of date.

The User is also informed that they may withdraw their consent at any time.

To exercise these rights or for any questions about the processing of their Personal Data as part of the Online Service, the User may submit a written request using the contact form provided by clicking here, by sending an email to fonctionpublique@gouv.mc, or by post to: Direction des Ressources Humaines et de la Formation de la Fonction Publique, 1 avenue des Castelans, BP 672, MC 98014 MONACO CEDEX, clearly indicating the nature of the request, and their first and last names.

To ensure that the response remains confidential and is sent only to the data subject, those submitting requests may be asked to provide proof of their identity, in black and white.

Individuals who have exercised their rights but feel, after contacting the Government, that their rights have not been respected, may submit a complaint to the “Commission de Contrôle des Informations Nominatives” ccin.mc).

1.7 Security of processing

The State of Monaco takes appropriate physical, technical, and organisational steps to ensure the security and confidentiality of Personal Data, notably in order to protect them against any loss, accidental destruction, alteration, or unauthorised access.

FALSE STATEMENTS

The User solemnly declares that they are aware of the penalties provided by Articles 90 et seq. of the Criminal Code of Monaco in case of false statements.

HYPERLINKS

The creation of hyperlinks to this Online Service does not require prior authorisation from the Government, and is permitted for any media, with the exception of those disseminating information of a controversial, pornographic, or xenophobic nature, or which may more cause wider offence. The State of Monaco should be clearly mentioned in the link. The Government reserves the right to request removal of all existing links which contravene the Online Service’s purpose.

The Government’s Online Service may contain hypertext links to third-party websites. The Government does not control these websites and may under no circumstances be held liable in any way for their content.

The Government may not be held liable for any damage or loss that may result from or be connected with the use of these external websites. Users of the Online Service bear full liability for and assume the risks of using these third-party websites. The Government accepts no liability whatsoever.

Any User of the Online Service is invited to contact the Government in the event that a link fails to work, using the contact form by clicking here.

GENERAL PROVISIONS

Article or clause titles are shown for information purposes only. They have no contractual value.

In case of difficulty in interpretation between the titles of articles or clauses and the text of their content, the text shall prevail.

In the event that any of the provisions in these Terms of Use is or becomes invalid in light of a current or future provision of the law, such provisions shall be deemed unwritten without affecting the validity of the other stipulations herein.

Forbearance in enforcing the provisions of these ToU may not under any circumstances be considered as the Government relinquishing its right to avail itself of them at a later date.

LANGUAGE

The ToU are written in French and English. In the event of a conflict of interpretation between the different language versions, solely the French version shall have legal force. The French version of the ToU can be found by clicking here.

COMPETENT JURISDICTION

All disputes relating to the use of the Online Service are subject to the laws of Monaco and the exclusive jurisdiction of the courts of Monaco.

Where an amicable settlement cannot be reached, in the event of a dispute as to the interpretation, formation, validity, or performance of these ToU, Users expressly submit to the exclusive jurisdiction of the competent courts of the Principality of Monaco, even where there is more than one defendant.