TERMS AND CONDITIONS
germanjobs.com, As of 26 July 2016
These general terms and conditions of business (hereinafter referred to as the “general terms and conditions”) govern the use of the www.germanjobs.com website (hereinafter referred to as the “platform”). General rules, applying without exception to all users of the website (hereinafter referred to as “users”), can be found in paragraphs 1-6 and 10-14 in particular; special rules for the respective user groups can be found in paragraph 7 (candidates) or paragraph 8 (companies). The contractual partner for the contract on the use of the website is:
Start IT Solutions GmbH
Represented by its Managing Director, Melanie Philip
Supervisory authority: Potsdam District Court, HRB 28790 P
(hereinafter referred to as the “operator”)
Only these terms and conditions shall apply to all present and future contractual relationships between the operator and the user. Deviating, conflicting or supplementary conditions shall not form part of the contract, even if the operator is informed of them, unless the operator expressly agrees to their validity. The terms and conditions shall apply even if the operator provides the service without reservation under conflicting conditions of the user. Amendments, additions, or verbal agreements shall only form part of the contract if they are expressly confirmed by a person authorized as a representative by the operator.
The operator reserves the right to amend the terms at any time, insofar as the amendments are acceptable for the user, and without giving reasons. In the case of a change of operator, the operator shall notify the user of this in writing or by e-mail, and shall grant the user a period of at least four weeks to appeal against the changes and advise him/her that, after the expiry of the time-limit for lodging an objection, the amended version of the terms and conditions shall be deemed approved. If the user objects, the terms and conditions shall continue to apply in non-amended form. Significant amendments to the terms and conditions shall only be included in the contract as being effective if the user expressly consents to such amendments.
The terms and conditions shall apply to the relationship between the operator and companies or consumers. The right of revocation regulated in paragraph 9 applies only to consumers who are natural persons and who conclude a legal transaction for purposes that can neither be predominantly attributed to commercial nor to self-employed professional activity in accordance with section (§) 13 of the BGB (German civil code). The right of revocation shall apply to the contract for the use of the platform.
A special right of revocation, to which the operator shall separately refer prior to the conclusion of the relevant contract, shall apply to contracts for the additional services offered by the operator.
A right of revocation shall only exist for any contracts for work, employment or services signed following mediation between the applicant and the company if the conditions for this also exist in these contracts. The operator is not involved in these contracts, so that instruction has to be made by the respective contractual partner. This contractual partner would also be the addressee of any possible declaration of revocation.
2. SUBJECT MATTER OF USE
Paragraphs 3 – 5 apply for other contracts concluded via the platform. The text of the contract is available to the user in German and in English for any contracts concluded.
3. REGISTRATION / QUESTIONNAIRE ON THE CONCLUSION OF CONTRACT
In addition to a free evaluation of the opportunities offered by the German labour market (see paragraph 2), the platform offers a more extensive evaluation of the data transferred by an applicant, as well as other services, though registration by the applicant is needed for these and its evaluation for the applicant is subject to a charge. For this, the applicant shall enter his/her personal details and shall request a user account online.
All users (i.e. applicants and companies) shall confirm that they are of unlimited legal capacity and authorized to sign a service contract. A right to conclude such a contract does not exist.
The applicant enters his/her data in the appropriate boxes or uploads relevant files and/or documents to the operator’s server. In their customer account, users may amend their data (or supplement it) at any time, view their invoices, comprehend the evaluations requested by the user of his/her concrete opportunities in the German labour market, or receive personalized product recommendations. The data entered by the user creates a personal (candidate) profile, which is entered into the existing job pool on the platform. In addition, companies registered on the platform may request to view profiles and to request the transfer of applicants’ contact data for the purpose of initiating contracts for work, employment or services. This is carried out by the operator.
An offer to conclude a service contract is made by the applicant by submitting the questionnaire or the information provided therein. The user is instructed that his/her right of revocation for this existing contract shall expire if he/she specifically requests that the operator immediately begin executing its performance and fulfil it completely. The operator shall accept the offer by sending an acknowledgement of receipt of the questionnaire. The costs incurred for this service shall be reported to the applicant prior to the conclusion of the contract and must then confirmed by the applicant.
4. CONCLUDING THE CONTRACTS FOR OTHER SERVICES
The operator shall offer the user the opportunity to conclude further contracts for additional services. The user is given suggestions on appropriate services based on the information that he/she may order online and/or he/she may request an offer for such services. A contract for these services shall be concluded with the operator when the user expressly accepts the offer from the operator for such a service by clicking on an appropriate button or if the operator accepts an offer from the user, which the latter, in turn, has made by clicking an appropriate button. The contractual partner of these contracts is solely the operator, though the operator shall reserve the right to make use of the provision of third party services. The user shall agree to the performance of this service by third parties.
In any case, prior to the conclusion of a contract concerning additional services, the candidate shall be informed that his/her agreement will lead to an additional contract being concluded, and he/she will be informed of the costs arising and the term of the contract. The applicant generally has the legal right of revocation for these contracts as well. Should the applicant expressly request that the operator begins providing its service and that the performance of this service is to be rendered in full, the right of revocation shall expire. The candidate shall also be notified of this condition prior to the conclusion of this contract. If the operator has already provided services at the time of revocation, the applicant shall pay compensation for the services provided if the operator had already begun providing services before the revocation deadline at the express request of the applicant.
5. PRICES AND PAYMENTS
The mere use of the platform is free of charge. Charges shall only arise on the conclusion of a service contract, for example, a language course, an extended evaluation of the opportunities in the German labour market, or another service offered by the operator.
The respective sum shall be invoiced to the user by the operator immediately after the conclusion of a service contract. The invoice shall be sent via e-mail and may also be called up in its customer account at any time. The user shall agree to the receipt, electronically, of an invoice in accordance with the Umsatzsteuergesetz (Value Added Tax Act). The invoice must be paid immediately upon receipt by the user.
6. OBLIGATIONS OF THE USER
The user shall observe these terms and conditions during the entire use of the platform. The user shall, in particular, refrain from any measures that are likely to negatively affect the proper operation of the platform. These include, but are not limited to, the use of technical or non-technical means of data collection or evaluation, reverse engineering or decompilation of the platform, the loading or uploading of malicious software, the use of “spam” or “mail bombs” via the platform or using the contact information published therein and the platform itself for illicit or illegal purposes.
When creating a customer account, the user must only provide truthful information and ensure that no third party rights could be violated by information provided or content submitted by the user. In the event of recourse being taken by the operator for any such violation of the law, the user must indemnify the operator from any claims from third parties.
The user shall keep access to his/her account secret and ensure that third parties do not have any access to it.
The platform must be used exclusively in the sense of these terms and conditions and, in particular, not for the user’s own commercial purposes. In the event of an infringement, the operator reserves the right to immediately block the user account.
7. SUPPLEMENTARY CONDITIONS FOR APPLICANTS
When creating his/her account, the user must observe the general conditions (in particular, paragraphs 1-6 and 10-14). The user shall expressly agree that his/her data is transmitted in full by the operator to companies that have also signed a contract with the operator, in accordance with the provisions of paragraph 13.
The applicant accepts liability for the accuracy of the information he or she has provided on the platform.
8. SUPPLEMENTARY CONDITIONS FOR COMPANIES
In addition to the general conditions (especially paragraphs 1-6 and 10-14), companies are required to use the data on applicants obtained via the platform only for making contacts for the initiation or completion of contracts for work, employment or services. The transfer of data to third parties is prohibited, insofar as that they are not employees, vicarious agents or affiliates or companies affiliated to companies.
9. INSTRUCTION ON THE RIGHT OF REVOCATION
Right of revocation
You have the right to revoke this contract within fourteen (14) days without giving any reasons.
The revocation period is fourteen (14) days from the date of signing the contract.
To exercise your right of revocation, you must inform us (Start IT Solutions GmbH, Marie-Curie-Straße 1, 26129 Oldenburg, Germany; e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by means of a clear declaration (e.g. by means of a letter consigned by post or else by e-mail).
You may also use the enclosed Sample revocation form, though this is not mandatory.
To meet the revocation deadline, it is sufficient that you send your notice concerning the right of revocation before the revocation deadline has been reached.
Consequences of revocation:
If you withdraw from this contract, we will reimburse all payments that we have received from you, including the delivery charges (with the exception of the supplementary costs arising from the fact that you have chosen a form of delivery other than the cheapest standard method offered by us) without delay and at the latest within fourteen days from the date on which notification is received of your revocation of this contract with us. For this repayment, we shall use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; In any event, you will not be charged any fees in relation to this repayment.
Your right of revocation shall become invalid (i) if we have performed our service in full and (ii) if you have expressly given your consent to the right of revocation becoming invalid prior to the performance of the service.
If you withdraw from a contract for the provision of services, you shall have to compensate us for the services provided prior to revocation if you have explicitly requested that we start with the provision of services before the revocation deadline has been reached. You must then pay us a reasonable amount corresponding to the proportion of up to the services rendered (in relation to the overall scope of the services foreseen in the contract), up to the time at which you inform us of your invocation of the right of revocation with regard to the contract services.
10. ODR PLATFORM
In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council, it is pointed out that the European ODR (Online Dispute Resolution) platform for the online settlement of consumer disputes can be accessed via the following link: www.ec.europa.eu/consumers/odr. Our e-mail address is email@example.com.
11. GUARANTEE AND LIABILITY
In the event of a breach of contractual obligations, the operator, its employees and vicarious agents shall bear unlimited liability for intent and gross negligence, as well as for injury to life, limb or health in accordance with the provisions of the German Product Liability Act (Produkthaftungsgesetz) and other mandatory statutory regulations. In the case of a breach of contractual obligations caused by minor negligence, the liability of the operator, as well as its employees and vicarious agents shall be limited to the foreseeable damage that typically occurs.
The operator shall not be liable with regard to the implementation of the contract for work, employment or services by applicants and/or the companies. The operator shall not be liable for the accuracy of the data provided by the user and/or other details.
The operator shall make every effort to ensure the full availability of the platform. However, limitations on availability may arise due to maintenance work or alterations to the platform. Likewise, server failures or breakdowns of other external resources needed for the accessibility of the website are possible. The operator does not accept liability for unlimited availability.
Unless otherwise regulated, liability by the operator is excluded.
12. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
Insofar as the user is given the opportunity to create his/her own content in the context of using the platform, the user shall grant the operator a non-exclusive, transferable, temporally and spatially unlimited right of use of these contents, as well as the corresponding exploitation rights to the contents
The user shall ensure that no rights of third parties are infringed by the use of the platform, in particular through the creation, acquisition or uploading of the user’s own contents. Should any claims be made against the operator due to an infringement caused by the user through his/her conduct, in other words through the use of the platform or due to his/her content, he or she shall be obliged to release us from all claims made by third parties.
13. FINAL PROVISIONS
Additions or amendments to the terms and conditions must be made in writing. Amendments made on the part of the operator are based on paragraph 1 of these terms and conditions.
The place of performance and place of jurisdiction for all legal disputes arising from the contractual relationship, as well as from its conception and its effectiveness shall be, to the extent permitted by law, Berlin. The operator shall be free to select the domicile of the user as the place of jurisdiction.
The law of the Federal Republic of Germany shall apply exclusively. The application of the UN Convention on the International Sale of Goods (CISG) shall be excluded.
Should one or more clauses of these terms and conditions be ineffective or become ineffective over the course of time, the effectiveness of the remaining clauses shall remain unaffected.
germanjobs.com, As of 25 May 2018
The security and protection of your data is very important to us. In addition to complying with the legal provisions, in particular the General Data Protection Regulation and other data protection laws and other provisions of a data protection law, the controller shall endeavor to provide the user with comprehensive and comprehensible information about the reason for and extent of the data collected by the operator to inform.
We assign p.p. that any data transmission over the Internet (for example, when communicating via e-mail) may have security vulnerabilities. It is not possible to completely protect the data from access by third parties, although we use methods such as SSL / TLS encryption in order to protect them against third parties during transmission. We also use extensive state-of-the-art technical and operational security measures to ensure a level of protection that is commensurate with the risk and to protect your data from misuse, accidental or intentional manipulation and access by unauthorized persons. For inquiries about data protection or your personal data at Start IT Solutions GmbH you are welcome to contact firstname.lastname@example.org.
This data protection declaration is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
Personal data means any information relating to an identified or identifiable natural person (“data subject”). 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 the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Data subject / person concerned
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Name and Address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:
Start IT Solutions GmbH
Collection of general data and information
Server Log Files
The host of our web site automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
• Browser type and browser version
• used operating system
• Referrer URL
• Host name / IP address of the accessing computer
• Date and time of the server request
These data cannot be assigned to specific persons. A combination of these data with other data sources will not be made and the data will be automatically deleted after 60 days at the latest. We use these only if necessary to take measures against unauthorized use.
The web hosting is implemented by the company Host Europe GmbH (Hansestrasse 111, 51149 Cologne, Germany), with which a corresponding contract for order processing was concluded.
Most of the cookies we use are so-called “session cookies”. They are automatically deleted after a defined period of time. Other cookies remain stored on your device until you delete them. These cookies enable us to recognize your browser the next time you visit us to anonymously examine the usage behavior of our pages.
The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.
The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors that also uses personal data for an internal purpose which is attributable to the controller.
The registration of the data subject, with the voluntary indication of personal data, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
For the use of our fee-based services, such as the medical license (Approbation) assistance or the visa check, it is necessary to transmit payment data electronically to the payment providers with whom we have concluded appropriate payment processing contracts. The electronic payment service is provided by our certified payment service provider, Computop Wirtschaftsinformatik GmbH (Schwarzenbergstrasse 4, 96050 Bamberg, Germany), BS PayOne GmbH (Lyoner Strasse 9, 60528 Frankfurt / Main, Germany) and PayPal (22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg).
If the data subject selects one of the offered payment options during the order process, data of the data subject are automatically transmitted to the payment service provider. By selecting the payment option, the data subject consents to the transfer of personal data required for payment processing.
The personal data transmitted to the payment service provider are usually first name, last name, address, e-mail address, IP address, telephone number, mobile phone number or other data required for payment processing. For the execution of the purchase contract, also such personal data are necessary, which are in connection with the respective order. The storage of the data is limited in time and exclusively for the purpose of payment and for any complaints or credits.
If you send us inquiries via the contact form, your details (name, e-mail address and, if applicable, telephone number) will be saved from the inquiry form including the contact details you provided there for the purpose of processing the request. These data will be transmitted to us via encrypted transmission and will not be passed to others without your consent. The data will be deleted in compliance with any statutory retention periods as soon as they are no longer required for contract fulfillment or contract initiation.
When registering for our newsletter, your e-mail address will be used for regular and irregular information and advertising activities of the controller until the user logs off from the newsletter. The registration process includes a double consent of the user, by the registration to the newsletter and by the additional confirmation of this by E-Mail (Double-Opt-In procedure). The transmission of data is encrypted. Opposition and cancellation are possible at any time via the link contained in every newsletter e-mail.
The newsletter delivery is conducted by MailChimp, a trademark of The Rocket Science Group, LLC (675 Ponce De Leon Ave NE, Suite 5000, Atlanta, Georgia 30308, USA), which has entered into a contract-processing contract with us.
Web Analytics Tools
Google (Firebase) Analytics
This website uses functions of the web analytics service Google Analytics. Provider is Google Inc., 1600 Amphitheater Parkway Mountain View, CA 94043, USA.
We have activated the function IP anonymization on this website. As a result, your IP address will be truncated by Google within member states of the European Union or other parties to the Agreement on the European Economic Area prior to transmission to the United States. The full IP address will be send to a Google server in the US and shortened there only in exceptional cases. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data.
Opposition to data collection
You may prevent the storage of cookies and therefore the analysis of your usage behavior by making an appropriate setting on your browser software. You can also prevent the transmission of the data generated by cookies and related to your use of the website (inc. your IP address) to Google, and prevent the processing of this data by Google, by downloading and installing a browser add-on.
We’ve signed a contract-processing contract with Google and are fully implementing the strict requirements of German data protection authorities when using Google Analytics.
Demographics in Google Analytics
This website uses the demographics feature of Google Analytics. As a result, reports can be produced that contain statements on the age, gender and interests of the site visitors. This data comes from interest-based advertising from Google and third-party visitor data. This data cannot be assigned to a specific person. You can disable this feature at any time through the ad settings in your Google Account, or generally prohibit the collection of your data by Google Analytics as outlined in the section “Opposition to Data Collection”.
Rights of the person concerned
At any time, you have the right of free information about your stored personal data, their origin and recipient and the purpose of the data processing as well as a right to correct, restrict, block or delete this data.
In addition, you have the right to data portability, which allows you to receive personal information that you have provided to the controller in a structured, common and machine-readable form.
Furthermore, there is a right to object to the processing and the right to revoke the granted consent to the processing of personal data at any time.
In addition, you have a right of appeal at a responsible supervisory authority.
You can contact the controller person at any time for further information on personal data.
Legal basis for the processing
Your data will be used in accordance with the respective applicable data protection regulations solely for the purpose associated with the respective survey and for safeguarding legitimate own business interests, in particular the technical administration of the web pages. Only if you have previously given us your express consent will we also use this data for product-related surveys and marketing purposes.
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose.
If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services.
Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR.
In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR.
Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
Collection of data for aptitude assessment
We offer the person concerned the possibility to determining the expected suitability of the applicant for the German job market by using a range of indicators, such as Education, training and work experience. Associated with this it is also taken into account whether the necessary basic requirements for a stay in Germany can be met, such as income and valid visas. In this context, it is necessary to ask the person concerned for relevant personal information. These data are stored for the purpose of carrying out a suitability assessment and advice and are only processed in this context. A transfer of the data to third parties, takes place only with the express consent of the person concerned.
Transmission of data in the context of contractual services
Personal data that is entered and transmitted in this way to the operator when using the services offered on the platform is collected voluntarily from the user. The transmission of data takes place in particular in the context of the arrangement of contracts for work, employment or services (unencrypted, if applicable), so that no strictly confidential information may be transmitted in this way. The operator shall use this data solely to fulfil its contractual obligations and forward it exclusively, and only to the extent necessary, to companies, providers of personnel services and recruiters who work with the operator for the purpose of placing applicants in employment. These third parties may use the data only for the above-mentioned purposes and they are also subject to the provisions of the operator’s general terms and conditions. In relation to the collection and transmission of data, the user shall explicitly agree to the collection, processing and use of data for the aforementioned purposes, as well as with the transmission of data to companies to the extent described by operator in the terms and conditions.
Transfer of data to non-EU countries
Within the use of Google Analytics and MailChimp data will be transferred to the United States. Due to the data protection agreement EU-US-Privacy Shield an adequate level of data protection within the meaning of the GDPR can still be guaranteed.
Unless otherwise stated, the criterion for the duration of the storage of personal data is the respective statutory retention period. After the deadline, the data will be routinely deleted, if they are no longer required to fulfill the contract or to initiate a contract.
The purpose of our Website is to deliver information and our experience at a good and fair price