Termat dhe Kushtet

PLEASE READ THE TERMS AND CONDITIONS BEFORE USING OUR WEBSITE.

Effective from September 5, 2019 Terms of Use

www.pick.jobs (website or application) is owned by the company "PickJobs d.o.o. for services" and is available to you under the following terms and conditions. By using the site, application, and services available on them, you agree to the terms and conditions and additional terms expressly related to third-party services and information.

Who are we and how to contact us?

The website is operated by the company PickJobs d.o.o. ("Pick Jobs") registered in Croatia, 32000 Vukovar, Osječka 11, OIB: 36823118236. If you wish to contact us, please fill out the "Contact Us" form.

Definitions

In these Terms of Use, the words have the following meanings:

(a) "User" includes all persons, companies, organizations, or entities using our services, including employers and job seekers.

(b) "Customer" means any person, company, organization, or entity purchasing services on our site;

(c) "Job Seeker" means any person using our services for job search purposes;

(d) "Employer" means any person, company, organization, or entity using our services for hiring candidates.

(e) "Candidate Database" means a database of job-seeking individuals, accessible to the Employer through the website which has entered into a Contract;

(f) "Services" means all commercial advertising packages and marketing services we offer, including but not limited to ad packages, premium ads, banners, PR articles, and all other services made available to clients.

Data Protection

Our "Privacy Policy" contains the rules regarding the use of resumes and other personal data by users. Personal data you provide to us are transferred to third parties for processing or storage on our behalf, including third parties located outside the European Economic Area (EEA), in countries with lower levels of legal data protection.

We will always strive to process your data in accordance with the privacy policies, compliant with EU Regulation 2016/679, regardless of where they are processed.

Website Use

The information and services on the site and application are provided exclusively for individuals seeking job opportunities and career information and for employers looking to hire staff.

You may download, use, and print data from the website or application only for the specified purposes, without personal or commercial use. Any unauthorized action such as copying, transferring, displaying, distributing materials, or other unauthorized actions will be considered a violation of the terms. This allows us to immediately terminate the Services, in writing, we have agreed with the client. Furthermore, we reserve the right to suspend the provision of Services to you if we reasonably believe that you have performed any unauthorized processing of information.

The user manages all personal data they process or access by entering the site and its Services as a data processor for the purposes of the Data Protection Act 2018, and, as such, is solely responsible for the processing. All copyrights, database rights, materials, and other intellectual property rights on the website and application belong to us or our third parties. Using the site or application does not grant you any ownership rights to such materials.

Employment Agencies and the Employment Regulations 2003

The job seeker and employer must be aware that this job board acts only as a meeting place and does not introduce or offer job seekers or employers (or vice versa).

This means that we do not:

• Obtain sufficient information for potential employers to select a suitable employee for the job they wish to fill.
• Confirm the identity of the job seeker or their experience, training, qualifications, or authorization to work in the position being filled nor whether they wish to assume the responsibility of the position.
• Take steps to ensure that the job seeker and employer are aware of legal or other requirements that must be met by either party to enable the job seeker to fulfill the position.
• Guarantee the registration of candidates for employer advertisements.
• Take any steps to ensure that it would not be detrimental to the interests of the job seeker and employer in fulfilling the duties of the position.
• Provide any indication to employers whether job seekers are unsuitable (or suitable) for any position to be filled in any circumstances.
• Suggest job seekers to employers or provide any information about them.
• Take references concerning job seekers.
• Arrange accommodation for employees.

The Employment Agencies and Employment Business Regulations 2003 (hereinafter referred to as "Regulations") aim to ensure that job seekers are proposed only by employment agencies for roles for which they are qualified and that employers are offered only job seekers who have the appropriate level of experience, training, qualifications, and authorization for the position being filled. Since we are only a meeting place and do not propose or introduce job seekers to employers or vice versa, it is recommended that if you are a job seeker, you take the steps outlined in the Regulations to ensure your suitability for the advertised role or if you are an employer, to ensure the suitability of the job seeker for that role.

Recommendations:

1. If you are a job seeker; check the employer's identity and the nature of their business, the start date and duration of the job, the position to be filled including the type of work, location, working hours, and health and safety risks, experience, training, qualifications, and authorizations that the employer considers necessary or are legally or otherwise required for the requested position, whether you pay any costs as a job seeker, or if there are any statutory requirements or requirements you must meet before taking up the position.
2. If you are an employer; check the identity of the job seeker and whether the job seeker has the experience, training, qualifications, and authorizations required by law or otherwise for the job position and whether there are any statutory requirements or other requirements that you as an employer need to fulfill to enable the job seeker to take up the position.

Additionally, if professional qualifications are required or when job seekers need to work with vulnerable persons or children, you should obtain copies of the appropriate qualifications or authorizations, obtain at least two references from non-relatives of the job seekers, and initiate a criminal record check for the job seeker.

All search or review tools provided to us for your use concerning your assessment of the suitability or any other specific candidate or advertised vacancy will assist you in taking these steps but are not a substitute. All search or review tools provided by us for you will assist you in assessing the suitability of candidates or vacancies, but their purpose is not to substitute.

What do these conditions contain?

These Terms of Employment (the “Employment Terms”) specify the information that applies to employers (“Employers”) who wish to use the Site.

By using the site, you accept the terms 

• By using the website, you confirm that you accept these terms and conditions for employers and that you agree with them. 
• If you do not agree to these Employer Terms, you may not use the Website.
• Print these Terms as recommended for future reference.

There are other conditions that may apply to you 

• These Acceptable Use Policy applies to the following additional terms, which also apply to your use of the Website:
• Our Privacy Policy sets out the conditions under which we process all personal information we collect from you or that you provide to us. By using the website, you consent to such processing and guarantee that all information you have provided is accurate.
• Our cookie policy, which contains information about cookies on the website. 
• If you are an employee, our employee terms and conditions determine the information applicable to employees.

Modification of the stated conditions 

• We change these Terms from time to time. Each time you wish to use the Site, check these Terms to ensure that you understand the terms that apply at what time.
• See the “effective date” at the top of these terms to see when it was last revised.

Our services

1.1 The service of posting job advertisements on the PickJobs portal is charged in accordance with the Price List valid at the time of posting the advertisement.

1.2 All descriptions or illustrations on the website are published for the sole purpose of providing an approximate idea of the Services described in them.

1.3 We guarantee that the Services will be provided with reasonable care and skill.

1.4 We provide user support via phone and email.

1.5 We provide users with access to detailed statistics on the visit and performance of their ads.

1.6 Employers can independently manage their user accounts, including posting, editing, and deleting ads.

1.7 We commit to protecting the privacy and security of our users' data in accordance with applicable laws and standards.

1.8 We adhere to all relevant legal regulations related to job advertising and data protection.

Your obligations

2.1 It is your responsibility to ensure:

(a) Cooperation with us regarding all matters related to the services;
(b) Reasonable information and materials needed to provide services and ensure that such information is complete and accurate in all material aspects;
(c) Compliance with all applicable laws.

2.2 If our ability to perform services is prevented or delayed by any failure to fulfill any obligation set out in provision 2.1 ("Your Default"):

(a) We will have the right to suspend the provision of services until you fulfill your usual obligations. If you do not fulfill your obligations, we will rely on them to be exempt from providing services to the extent that your failure to fulfill your obligations prevents or delays us from performing services.
(b) We will not be liable for any costs or losses you suffer or incur directly or indirectly due to our failure or delay in providing Services;
(c) It is your responsibility to compensate for any costs or losses we suffer or incur directly or indirectly from your default.

Subscriptions and Payments

3.1 For the services we provide, you are obliged to cover our costs ("Charge") according to the provisions of this part on fees.

3.2 Advertising subscriptions on the PickJobs platform are monthly and automatically renew on a monthly basis.

3.3 The user must choose one of the offered subscriptions to start advertising.

3.4 Payment for Services is made by bank transfer or online purchase using a credit card.

3.5 The invoice will be sent to the email address you

3.6 Subscription cancellation is performed by the platform user. If you do not wish for your subscription to renew automatically, you must cancel it manually before its expiration. Cancellation is done through the user account on the PickJobs platform. You need to log in to your account, click on PJ Subscription/Cancel Subscription.

3.7 Subscription payments are non-refundable. Refunds cannot be issued if the subscription is not canceled on time.

3.8 When a customer posts an advertisement on the website that includes any reference to the client's brand or affiliate (references that may include, without limitation, such client's or affiliate's logo, http address, email address, and phone number) ("client-named advertising"), and the posting of such branded advertising has not been agreed upon by us, the content will be removed.

3.9 Subscription prices are stated excluding VAT. VAT at the legal rate of 25% will be charged on subscription prices.

3.10 PickJobs reserves the right to change subscription prices. Users will be promptly notified of any price changes.

3.11 Subscription invoices are available within the user account. You need to log in to your account and click on PJ Subscription/Transaction History/Invoice.

Job Advertising

4.1 Job ads become active after confirmed payment on the page.

4.2 For new customers paying for the first time via the online platform, certain security checks need to be conducted before ads are activated. In case of insufficient verification data, we will contact customers to gather additional information. This may cause a delay in ad activation.

4.3 We will notify you by email when job ads become active on the website.

4.4 We have rules regarding the content and format of posted jobs on our site. These rules are designed to provide clear and informative results to users searching the site. You agree that we may, at our discretion and without liability to you, remove from the site any ad that does not comply with these rules:

4.5 The rules are as follows:

(a) No duplicating jobs at the expense of other employers and their jobs.

(b) No gratuitous use of keywords in job descriptions or job titles. "Gratuitous" means intentionally inserting words, word strings, or repeating job titles with the intention of influencing listing position or increasing page views.

(c) Job ads placed on the website must be only for actual job vacancies, not for other products or services, whether related to employment or not, including, but not limited to, partnership schemes, pyramid schemes, or any other so-called business opportunities.

(d) Telephone numbers, URLs, or email links (live or text) are not allowed in the body copy of the job description page. Email links are allowed with the "send email" link, and URL linking is allowed with the "apply online" link.

(e) Any advertising that uses a company's name or logo for which employment is being sought is subject to our charges for such advertising, as described above in detail.

(f) Advertising that appears to discriminate based on gender, race, or disability is unlawful and may result in action against the advertiser and publisher. Websites accept advertisements based on the employer's confirmation that any requirement or qualification that may appear to unlawfully discriminate is exempt under relevant legislation. Despite this confirmation, if we still believe that an ad may be discriminatory, we may, at our discretion, modify or remove the ad from the site without liability to you for any refund of payments made or due and we will notify you of this.

Responses to Advertisements

5.1 You agree to deal fairly and professionally with individuals who may respond to the advertisement you have posted and will not do anything that could bring us or the website into disrepute. You will indemnify us against and hold us harmless from any claim brought by an individual against the site arising from your breach of this obligation or any other of these employment terms.

5.2 We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the advertised job. It is your responsibility to carry out such checks and procedures as are necessary to ensure that job applicants are suitable for the advertised job and have the required qualifications and personal characteristics.

5.3 As part of our commitment to provide customers with the best possible response, we reserve the right to amend some job details that you provide to us in order to optimize your advertisement.

Third-Party Sites

Job vacancies that you post on the website may also appear on third-party job websites under occasional agreements between us and the owners of such websites.

International services

6.1 Offers and prices for international services are subject to change until a specific advertisement is placed and depend on our ongoing cooperation with our partner collaboration countries to which they apply.

6.2 Additional requirements and restrictions may apply to services published or used on websites that we do not operate. These requirements must be met. Specific information on additional requirements and restrictions for websites not operated by us is provided upon request.

Using the candidate base

7.1 You may use the database to find suitable candidates for specific job vacancies that you or (if you are an employment agency) your client wish to fill. You may only communicate with candidates for the purpose of filling a specific job vacancy and may not use the data for other activities. Data must not be copied and processed outside the purpose of employment. All copies of personal data must be destroyed in accordance with EU Regulation 2016/679 after completion of the hiring process.

7.2 We take any abuse of data or breach of legal rules or regulations seriously. We reserve the right to restrict, suspend, or terminate access to the candidate CV database and any related services if we, in our sole discretion, suspect data abuse by a user. Additionally, any such activity may result in legal action against the offender.

7.3 You must not: (a) Provide, sell, or license materials from the candidate database or its copy to any other person, including another member of your group of companies. (b) Access, search, or view the candidate database through any automated means (e.g., "scraping"). (c) Contact individuals in the candidate database or use or permit the use of information about those individuals except for the purpose of finding suitable job seekers for specific job vacancies. You must at all times comply with your obligations under privacy rules. (d) Access our candidate database from a system that is not fully patched or lacks installed industrial standard AntiVirus software that is regularly updated.

Application Data

8.1 When a job seeker submits an application in response to an advertisement, details of their application will be uploaded to your account. Your account allows you to save notes in the application and track progress (together with details of their application, "Application Data").

8.2 In compliance with general rules, we may delete candidate applications at any time without prior notice, including candidate data if a candidate, in accordance with EU Regulation 2016/679, requests deletion of their data from the personal database. You agree that we may delete such application data without prior notice in accordance with our general rules on retention and deletion of job seeker data, including the place where the job seeker for whom the application data relates decides to delete their profile.

8.3 As a data controller of the application data, we will comply with our responsibilities under the General Data Protection Regulation regarding such notes, which may include disclosure of application data to the job seeker if the job seeker requests access to their data or other rights set out in EU Regulation 2016/679.

8.4 For the purpose of the General Data Protection Regulation, you are the data processor of application data located in your account. You agree to be responsible for ensuring the accuracy of all application data you enter, deleting application data when no longer required or no longer needed in the hiring process, and timely responding to any job seeker request to exercise their rights under the General Data Protection Regulation, including requests we receive and forward to you that we are unable to assess, such as when a job seeker requests corrections to incorrect data.

Deletion of Job Seeker Data

On average, the search for a suitable worker is completed within three months. For this reason, you agree to collect consent to store job seeker data directly from job seekers or delete this data after a period of three months. This does not apply if you have other legal grounds for retaining job seeker data.

Dealing with Job Seekers

You agree to deal fairly and professionally with individuals seeking employment and may contact them using data from the candidate database and will not do anything that could bring us or the website into disrepute. You will release us from and against any claim brought against us by an individual arising from your breach of this obligation or any other of these employment terms.

Termination

9.1 Without limiting any of our other rights, we may suspend the provision of Services or terminate the Contract with immediate effect by written notice to you if:

(a) the user commits a material breach of these Terms of Use and fails to remedy the breach within 7 days of receiving written notice of the breach;

(b) the user fails to settle any amount due to us by the due date for payment;

(c) the user takes or has any action or proceeding related to insolvency, temporary liquidation, or any other procedure that seriously jeopardizes its ability to fulfill obligations; (d) the user suspends, threatens to suspend, terminates, or ceases to conduct its business or a significant part thereof;

(e) the user's financial position deteriorates to such an extent that, in our opinion, it is unable to adequately fulfill obligations.

(f) Any provision which by its nature should remain in force after termination shall remain valid.

(g) After termination of the use of personal data, user data, and all data shall be stored for any purpose until their registration has been removed.

Events Beyond Our Control

10.1 We shall not be liable for any failure to perform, or delay in performance of any of our obligations under these Terms caused by any event or circumstances beyond our reasonable control ("Event Beyond Our Control").

10.2 If an Event Beyond Our Control takes place that affects the performance of our obligations under the Contract: (a) We will contact you as soon as reasonably possible to notify you; and (b) Our obligations will be suspended for the duration of the Event Beyond Our Control. (c) Upon completion of the Event Beyond Our Control, we will agree on a new date for performance of the Services. 10.3 You may choose to terminate your use of our services if the Event Beyond Our Control lasts for more than 30 days. To terminate, please contact us. In the event of termination, we will refund you the amount you have paid, less any reasonable and actual costs we incurred up to the date of the Event Beyond Our Control.

License to use client names and logs

The Customer grants us a fully paid-up, worldwide, non-exclusive, royalty-free license during the term of the Agreement to use the Customer's name, trademarks, and logos ("Client IP") for the purpose of providing the Services and in our marketing materials (including, but not limited to, websites and brochures), and to showcase examples of services provided and materials published on behalf of the Customer.

Limitation of liability: your attention is determined by this clause

11.1 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

11.2 Subject to clause 11.1, we shall not be liable to you in connection with the provision of the Services for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data, or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.

11.3 Subject to clause 11.1, our total liability to you arising out of or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total fees paid under the Contract.

11.4 Except as expressly stated in these Terms, we do not give any warranties in respect of the Services. Any representation, condition, or warranty which might be implied or incorporated into these Terms by statute, common law, or otherwise, is excluded to the fullest extent permitted by law.

11.5 Nothing in these Terms limits or affects any exclusions and limitations set out in our Terms and Conditions.

11.6 This clause 11 shall survive termination of the Services.

Processing Personal Data

12. As a Processor of personal data, you agree to allow our Data Protection Officer access to the personal data processing operations, conduct of processing controls and all without prior notice.

Data Breach

13. In case of personal data breach of clients you are obliged to inform us, as soon as you learn that personal data breach has occurred for the purpose of the highest protection of personal data. Likewise, you are obliged, if possible, to immediately inform us, candidates and the supervisory authority for data protection.

Governing Law and Jurisdiction

Which country's laws apply to all disputes? These Terms of Employment, their objects and their formation are governed by Croatian law. You and both agree to the courts in Croatia.

For additional information, see "Frequently Asked Questions about Privacy Policy" and "Frequently Asked Questions."