These General Terms and Conditions of Use (hereinafter referred to as the "Terms and Conditions") govern the rules for the use of the mobile and web application "Jobmakler" (hereinafter referred to as the "Application") by (i) the Controller's internal employees ("job agents" recommending persons) and (ii) natural persons interested in employment with the Controller (hereinafter referred to as the "Applicant" or the "Candidate").
Article I
Definitions
- The Controller: jobmakler, s. r. o., Kúpeľná 814/3C, Bardejov 085 01, Company ID No.: 55 258 964, which operates the Application and conducts recruitment procedures for filling job positions within its own company.
- Application: a software solution (mobile and/or web application) for the registration of recommendations and candidates.
- Job Agent (Employee/Recommending Person): An internal employee of the Controller with access to the Application who searches for and recommends Applicants and may subsequently build his/her own structure of job agents within the Application.
- Coordinator: An authorised representative of the Controller who generally receives and verifies the Applicant's data, may enter such data into internal systems, and ensures the recruitment procedure and the signing of employment-related documentation with the Applicant.
- Applicant/Candidate: A natural person applying for employment with the Controller who provides his/her data via the Application or at the Coordinator.
- Recommendation: A record in the Application created by a Job Agent, containing at least the Applicant's contact details (first name, surname, e-mail address and telephone number), on the basis of which the Applicant may be invited to an interview, and shall subsequently supplement his/her data to the Coordinator.
- Account: A user account in the Application, which enables access to functionalities according to the assigned role.
Article II
Purpose and Nature of the Service
- The purpose of the Application is to support the Controller's internal job recommendation programme (the recommendation programme) through job agents, including the possibility of enrolling the accepted Applicants as new job agents into the structure in the Application.
- The Application does not serve to mediate employment for third parties and does not establish a temporary employment agency relationship.
Article III
Registration and Access
- Job Agent (Employee): An access linked to an employment relationship ; obligation to protect login credentials and to use two-factor authentication where available.
- Minimum data entered by the Job Agent: When creating a Recommendation, only the Applicant's contact details (first name, surname, e-mail address and telephone number) are entered. Additional data shall be provided by the Applicant only to the Coordinator.
- Inclusion in the structure of job agents: A Job Agent may offer a possibility to become a job agent to the accepted Applicant. The creation of an account and inclusion in the structure shall take place only with the explicit consent of the data subject.
Article IV
Procedure for Recommendation and Recruitment (Model)
- The Job Agent identifies a person whom he/she convinces to work for the Controller.
- The Job Agent recommends the person through the Jobmakler Application and enters his/her basic data.
- Upon agreeing on a date, the Job Agent accompanies the Applicant to the Coordinator.
- The Coordinator enters the Applicant's data into the system and ensures the process from the interview with the Applicant up to the possible signing of employment-related documentation.
- The Applicant is upon fulfilling the conditions accepted into an employment relationship with the Controller.
- The Job Agent may offer the accepted Applicant the possibility to become a job agent and to include him/her in his/her subordinate structure in the Application.
Article V
Rights and Obligations of the Job Agent
The Job Agent:
- (a) enters into the Application only the contact details of Applicants whom he/she has approached in advance;
- (b) does not upload (if the Application allows so) third-party attachments without the explicit consent of the Applicant;
- (c) cooperates with the Coordinator during the Applicant's admission process;
- (d) complies with the confidentiality and security policies of the Controller;
- (e) does not influence HR in the assessment of the Applicant.A breach of obligations may result in the revocation of access to the Application and/or to employment-related measures.
Article VI
Rights and Obligations of the Applicant (Candidate)
The Applicant shall provide true and up-to-date data to the extent necessary. The provision of data is voluntary but necessary for the Applicant to be invited to an interview and, where applicable, for an employment contract to be concluded. The Applicant may request access, correction or erasure of data in accordance with the separate notice on the processing of personal data.
Article VII
Rewards for Recommendations
The creation, amount and payment of rewards to Job Agents are governed by the internal directive "Rewards for Recommendations". The reward may be conditional upon the duration of the employment relationship of the accepted Applicant, the probationary period, the working time and/or established financial limits. No entitlement to a reward shall arise in the event of a breach of the Terms and Conditions or an attempt to circumvent the rules.
Article VIII
Personal Data Protection
The processing of personal data is governed by the separate document "Notice on the Processing of Personal Data". The Controller processes only the data necessary for the purpose of inviting the Applicant to an interview and concluding an employment contract ; the data are not disclosed to third parties, not transferred to third countries, and no profiling or automated decision-making is carried out.
Article IX
Confidentiality and Intellectual Property
The content of the Application, internal information and documents of Applicants are confidential. The software and content of the Application are protected by intellectual property rights ; their use outside the purpose of these Terms and Conditions is prohibited.
Article X
Operation of the Application, Security, Availability
The Controller may update, modify or temporarily restrict the availability of the Application for reasons of maintenance, security or force majeure. The User shall use the Application in a manner that does not endanger its security and functionality.
Article XI
Liability
The Controller shall not be liable for damage caused by untrue or incomplete data provided by the Applicant, nor for the consequences of a breach of obligations by the Job Agent. The Controller does not guarantee the Applicant's acceptance into an employment relationship.
Article XII
Final Provisions
The governing law shall be the legal order of the Slovak Republic, in particular Act No. 513/1991 Coll., the Commercial Code, and the generally binding legislation in the field of personal data protection (GDPR; Act No. 18/2018 Coll.). The Controller is entitled to amend the Terms and Conditions as appropriate ; the new wording shall enter into force on the date of its publication in the Application, unless otherwise stated.
Contact details of the Controller: jobmakler, s. r. o., info@jobmakler.com.