PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THE SERVICES ON OUR SITE
Effective September 5, 2019
www.pick.jobs (website or application) is owned by „PickJobs d.o.o. for services ”and is available to you under the following terms and conditions.
By using the Site, the Applications and the Services available on them, you agree to the terms and conditions and to additional terms that explicitly apply to the services and information of third parties.
Who we are and how to contact us?
The site is operated by PickJobs d.o.o. ("Pick Jobs") registered in Croatia, 32000 Vukovar, Osječka 11, OIB: 36823118236.
If you want to contact us, please fill out the "Contact Us" form.
The personal data you provide to us is transferred to third parties for processing or storage on our behalf, and this includes third parties located outside the European Economic Area, hereinafter EEA, in countries where there is a lower legal level of data protection.
We will always strive to process your data in accordance with the privacy rules, which are in line with EU Regulation 2016/679, regardless of where they are processed.
Use of the site
The information and services on the site and the application are provided exclusively for job seekers and career information and for employers who wish to hire staff.
You may download, use and print the data from the website or application only for the stated purposes, without personal or commercial purpose, based on the contract between PickJobs d.o.o. as Data Controller and you as Data Processor. Any unauthorized action, such as copying, transmitting, displaying, distributing material, or other unauthorized actions, will be considered a violation of the Terms. This allows us to immediately terminate the Services, in writing, that we have entered into with the Client. Furthermore, we reserve the right to suspend the provision of the Services to you in circumstances where we reasonably believe that you have performed any unauthorized processing of the information.
The user manages all personal data that he processes or accesses by entering the site and its Services, as a processor of personal data for the purposes of the Data Protection Act 2018 and, as such, is solely responsible for processing. All copyrights, database rights, materials and other intellectual property rights in the website and application belong to us or our third parties. By using the site or application, you do not exercise any ownership rights to such materials.
Employment Agencies and the Employment Regulations 2003
The employee and the employer must be aware that this work committee acts only as a place of merger and does not introduce or offer employees or employers (or vice versa).
That means we don't:
- obtain enough information for potential employers to select the right employee for the job they want to fill.
- receive confirmation of the identity of the employee or his experience, training, qualifications or authorization to work in the workplace that is being filled in or whether he wants to take responsibility for the workplace.
- take steps to ensure that the employee and the employer are aware of the legal requirements or other requirements that must be met by either of them, in order to enable the job seeker to fill the job.
- take any steps to ensure that this would not be detrimental to the interests of the employee and the employer in the performance of the duties of the position.
- give any indication to employers whether employees are unsuitable (or suitable) for any position to be filled in any circumstances.
- suggest employers to employees or provide any information about them.
- take references regarding employees.
- arrange accommodation for employees.
The conduct of employment agencies and the 2003 Employment Regulations (hereinafter: the Regulations) seek to ensure that employees are nominated only by employment agencies, for the roles for which they are qualified and that only employees with an appropriate level of experience are offered to employers, training, qualifications and authorization for the position to be filled. Since we are only a merger point and do not propose or introduce employees 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 eligibility for the advertised role or, if you are an employer, to ensure the suitability of the jobseeker for the role.
This could include:
1. If you are an employee; verification of the identity of the employer and the nature of his business, start date and duration of the job, job to be filled including type of job, location, working hours and health and safety risks, experience, training, qualifications and authorizations that the employer deems necessary or legal or in any other way necessary for the requested position, whether you are paying any expenses you as a job seeker, or there are some legally prescribed requirements or requirements that you must meet before taking the position.
2. If you are an employer; verifying the identity of the employee and whether the jobseeker has the experience, training, qualifications and powers specified by law or otherwise specified for the job and whether there are any statutory or other requirements that you as an employer need to meet to enable the employee to take up the position.
In addition, if professional qualifications are required or when employees need to work with vulnerable people or children, you should obtain copies of appropriate qualifications or approvals, obtain at least two references from non-employee relatives, and initiate a job seeker criminal record.
Any search or review tools provided for us for use on your suitability assessment 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 a candidate or vacancy, but are not intended to replace them.
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:
- 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.
4.1 In these Conditions for Employers, the words have the following meanings:
(a) "Contract" means a contract between us and a customer for the provision of services governed by these Terms of Employment and the documents to which it relates.
(b) 'Contract month' means, in relation to any order form relating to the provision of services for a given period, a calendar month beginning on the starting date and ending the day before the same date in the following calendar month. For example: a calendar month that begins on February 24 and ends on March 23;
(c) “Contract Term” means the entire term of the Contract beginning on the date of commencement of the Contract and specified in the Order Form;
(d) "customer" means any person, company, organization or firm purchasing services from us;
(e) "Applicant information" means all information contained in the candidate database;
(f) 'Candidate Database' means a database of jobseekers available to the Employer through the Contracting Website;
(g) "Order Confirmation" means an e-mail from us in which your order has been accepted;
(h) "Order Form" means the Service Order on the form we have provided (accessed by the employer via the Website, via email or in person).
(i) "Services" means all employment services made available to us from time to time; and
(j) "Commencement Date" means the commencement date of the Services as specified in the Order Form.
5.1 The methods of contracting with us to provide services are as follows:
(a) Online through our website. Follow the on-screen instructions to order. You can order via the online order form listed on the page.
(b) By e-mail. You can request an order form from us by contacting customer service. You can submit your order by returning the completed order form to the same email address.
Basis of the contract
6.1 Contract. The service agreement between us and you (the "Agreement") contains the order form and these terms and conditions of employment excluding all other terms and conditions (including all terms and conditions that the employer intends to apply in any purchase, order confirmation or other document) . In the event of a conflict between the Order Form and these Employment Conditions, the documents shall be ranked in the following order:
(i) The Order Form,
(ii) these Employment Conditions.
6.2 Correcting input errors. You can check and modify any errors before returning the Order Form to us. Please check the order before confirming it. You are responsible for ensuring the completeness and accuracy of the Order Form.
6.3 If we cannot accept your order. If for any reason we are unable to provide you with the services, we will notify you by email. Your order will not be processed. In case you have paid for the services, the full amount will be refunded to you.
7.1 Provision of Services. Once the contract is concluded, we will provide you with the Services from the date of the beginning of the contract.
7.2 Descriptions and illustrations. All descriptions or illustrations on the Website are published for the sole purpose of providing an approximate idea of the Services described therein. They will not be part of the contract nor will they have any contractual force.
7.3 Compliance with specification. In accordance with our right to change the specification (see clause 7.4), we will provide the Services to you in accordance with the specification for the Services that appear on the Website on the day of your order in all material aspects.
7.4 Changes to the specification. We reserve the right to change the specifications of the Services if required by any applicable legal or regulatory requirement or if the change will not significantly affect the nature or quality of the Services.
7.5 Reasonable care and skill. We guarantee that the Services will be provided with reasonable care and skill.
7.6 Execution time. We will use all reasonable efforts to meet any performance dates specified in the order confirmation, but any such dates are estimates only and if we do not perform the service by those dates you have no right to terminate the contract.
8.1 It is your responsibility to ensure:
(a) a complete and accurate Order Form;
(b) cooperate with us in all matters relating to the Services;
(c) exchange information and materials necessary for the provision of services and ensure that such information is complete and accurate in all material respects;
(d) compliance with all applicable laws.
8.2 If our ability to provide services is prevented or delayed by any failure to comply with any of the obligations set forth in clause 8.1 (“Your Default Setting”):
(a) We will have the right to suspend the performance of the Services until you have repaired your normal obligations and rely on your default obligations to relieve us of the Services, in any case to the extent that your default obligation prevents or delays the performance of the Services. In certain circumstances, your default may give us the right to terminate the contract within 20 termination;
(b) We shall not be liable for any costs or losses incurred or incurred directly or indirectly as a result of our failure or delay in providing the Services; and
(c) Your liability is to compensate for a written request for any costs or losses we incur or will incur directly or indirectly from your default setting.
9.1 With respect to us who provide the Services, you must pay our costs (“Billing”) in accordance with this fee section.
9.2 Fees are the prices listed in the order form.
9.3 All prices are without VAT.
9.4 When a customer places an advertisement on a website that includes any reference to a customer's brand or affiliate (a reference that may include, without limitation, the logo of such customer or affiliate, http address, email address and telephone number) ("advertising client "), and the publication of such advertising under the trademark is not agreed by us, the content will be removed.
9.5 The job published on the site will remain active as agreed in the Order Form. Any extension of this time will be charged to the customer as a new post. All jobs published in addition to the agreed number of jobs per month are charged at the price per job agreed with the customer. An individual job is identified by a unique ID number. If a guest deletes a job ad and then resubmits it or publishes another, it will be classified as two job ads.
9.6 If any Services to be used within any time period specified in the order form are not used within that time limit, they may not be carried forward to any subsequent period without our prior written consent. The buyer will be responsible for paying for unused services.
How to pay and loan terms
10.1 Payment The Service is made by bank transfer or purchase via the Internet by credit card.
10.2 We will send you an electronic invoice after the start date specified in the Order Form. The invoice will be sent to the e-mail address you specify as the contact to which the invoices are paid or as otherwise agreed.
10.3 If you do not make the payment under the contract by the agreed deadline, then, without limitation, we will use our legal moves, ie you will have to pay interest on the arrears from the due date until the arrears are paid, before or after the judgment. Interest in accordance with this provision shall be collected on a daily basis by 4% per annum above the base rate of the Croatian National Bank, but 4% per annum for each period when that base rate is below 0%.
10.4 You must pay all amounts due under the contract in full, without any settlement, counterclaim or deduction (other than any deduction or deduction of tax under the law).
10.5. The loan is approved subject to appropriate checks, except for services purchased online where payment has been confirmed and where the loan has been approved, an e-invoice will be issued. The invoice will be sent to the email address you specify as the billing contact. The deadline for payment of the invoice in full is 30 days from the date of the invoice. In the event of a late payment, we may terminate the Services and all outstanding invoices will be able to be paid to you immediately. In the case of contracts lasting more than a month, you can also pay the notice period immediately.
10.6 In addition, default interest and fees shall be paid. If no credit is allowed, an advance payment invoice may be approved, the full amount of the contract to be paid before the services are provided. You can request a revision of this credit arrangement after 3 months from the date of commencement of the agreement. PickJobs reserves the right to review your credit terms from time to time.
11.1 Job advertisements become active after the payment has been confirmed on the page.
11.2 For first-time customers paying online through the site, we need to perform some security checks before the ads become active. If this is not possible to verify from the information provided, we will contact customers to request additional information. This can delay the time when your ads become active.
11.3 We will notify you by email when job advertisements become active on the Site.
11.4 We have rules regarding the content and format of jobs published on the site. Their purpose is to provide users who search the site with results that are presented as clearly and informatively as possible. You agree that we may, in our sole discretion and without liability to you, remove from the Website any advertisement that is placed in violation of these policies:
11.5 The rules are as follows:
(a) No duplication of work to the detriment of other employers and their jobs.
(b) There is no useless use of keywords in job descriptions or job titles. "Free of charge" means intentionally inserting words, strings of words or repeating the title of a job with the intention of influencing the position in the list of results or increasing the number of pageviews.
(c) Job advertisements placed on the Website must be for actual vacancies only and not for other products or services, whether or not related to employment, including, but not limited to, partner schemes, pyramid sales schemes, or any other so-called business opportunities'.
(d) Telephone numbers, URLs, or email links (live or text only) are not permitted in the physical copy of the job description page. Email links are allowed from the "send email" link, and URL linking is allowed from the "apply online" link.
(e) Any advertising that uses the name or logo of the company for which it is employed is subject to our prices for such advertising, as described in detail above.
(f) Advertising that appears to discriminate on the basis of sex, race or disability is illegal and may result in action against advertisers and publishers. Websites accept advertisements on the basis that the employer confirms that any claim or qualification that may appear to discriminate unlawfully is subject to any exemption available under the relevant legislation. Notwithstanding this confirmation, if we still believe that the ad may be discriminatory, we may, in our sole discretion, modify the ad or remove it from the site without liability for you to make any refund of any amount paid or owed in connection with the posting and we will notify you.
Answers to ads
12.1 You agree to deal honestly and professionally with individuals who may respond to an advertisement you have posted and will not do anything that could bring us or the website into disrepute. You will indemnify us against and against any claim made by an individual against the Site arising out of your breach of this obligation or any other term of these Terms of Employment.
12.2 We do not guarantee any response to your advertisement or that the responses will be from individuals who are suitable for the advertised job. It is your responsibility to conduct such checks and procedures as are necessary to ensure that job seekers are suitable for the advertised job and have the necessary qualifications and personal characteristics.
12.3 As part of our commitment to provide customers with the best possible response, we reserve the right to change some of the job details you provide to us in order to optimize your advertising.
Place of third parties
Vacancies that you post on the Website may also appear on third party employment websites subject to occasional agreements between us and the owners of such websites.
14.1 Offers and prices of international services are subject to change until a specific advertisement is placed and are subject to our continued cooperation with our cooperation partners in the countries to which they relate.
14.2 Additional requirements and restrictions may apply to services published or used on websites that we do not manage. These requirements must be met. On request, special information is provided about additional requirements and restrictions for websites not operated by us.
Using the candidate base
15.1 You can use the candidate database to find suitable candidates for certain vacancies that you or (if you are an employment agency) your client want to fill. You may contact candidates only for the purpose of filling a specific vacancy and may not use information related to other activities. Data must not be copied, processed outside the purpose of employment. All copies of personal data must be destroyed after the completion of the employment process in accordance with EU Regulation 2016/679
15.2 The nature and scope of the materials you receive from us is determined by the service you have purchased. The agreement you enter into with us may be based on access to a license or consumption of credit. Please see your individual Order Form to find out which service is relevant to you.
If your contract is based on credit spending, the following applies:
(a) The use of credit is based on the insight of the applicant.
(b) Candidate presentation is defined as any event in which you gain contact information or knowledge of the content of a CV, which may occur due to:
- Discover contact information within the CV database or via a browser add-on
- View profiles or resumes online
- Download or send resumes from the candidate database
- by clicking on the link in the message to the candidate via email
- or otherwise acquire knowledge of it;
- Discover contact information within the CV database or via a browser add-on
(c) The term and scope of use are defined in the order form;
(d) During the contract month, multiple impressions of the same candidate shall be considered as a single view and shall not consume additional credits;
(e) Loans are valid for each month of the contract. Unused loans expire at the end of the contract month.
(f) Unused loans expire at the end of the contract or after the termination of the contract;
(g) The number of daily inspections shall be limited by the rule of fair application:
- We reserve the right to change any fair use limits imposed without prior notice.
If your contact is based on a license, the following applies:
(a) The license shall be granted to the user for the use of the candidate database;
(b) The duration of the license is defined in the order form;
(c) During the conditions, use is limited only by the Fair Use Ordinance:
- We reserve the right to change any fair use limits imposed without prior notice.
15.3 We take seriously any misuse of data, breach of user agreement or breach of legal rules or regulations. We reserve the right to restrict, suspend or cancel access to the candidate's CV database and any related services if we, in our sole discretion, suspect misuse of the data by the user and / or the user has breached any of the terms of their Agreement with us.
In addition, any such activity may result in legal action against the perpetrator.
15.4 You may not:
(a) Deliver, sell or license material from the candidate database or a copy thereof to any other person, including another member of your group of companies.
(b) Download, search or view the candidate database through any automated procedure (eg "scraping").
(c) Contact individuals on the candidate database or use or allow any use of information about those individuals, except for the purpose of finding suitable jobseekers for certain vacancies. You must comply with your privacy obligations at all times.
(d) Access our candidate database from a system that is not fully patched or does not have industry standard AntiVirus software installed that is regularly updated.
16.1 When an employee submits an application for an advertisement, the details of his application will be uploaded to your account. Your account allows you to save notes in the app and track your progress (along with the details of their app, “App Info”).
16.2 In accordance with the general rules, we can delete candidate applications at any time without prior notice, including data on candidates if the candidate according to EU Regulation 20167/679 requests the deletion of his data from the personal database. You agree that we may delete such application data without prior notice in accordance with our general policy on retaining and deleting data relating to job seekers, including the place where the job seeker to whom the data in the application relates chooses to delete his profile.
16.3 As the controller of application data, we will abide by our responsibilities under the General Data Protection Regulation regarding such notes, which may include disclosing application data to the jobseeker if the jobseeker submits a request for access to his data to other rights defined in EU Regulation 2016/679 ;
16.4 For the purposes of the General Data Protection Regulation, you are the data processor of the application held in your account. You agree that you will be responsible for ensuring the accuracy of all application data you enter, deleting application data when you no longer request it or no longer required in the recruitment process and timely responding to any request from a jobseeker wishing to exercise their rights under General Data Protection, including requests that we receive and forward to you because we are unable to assess them, for example when a job seeker requests corrections for inaccurate information.
Deleting business data
On average, the search for a suitable worker is completed within three months.
For this reason, you agree to collect consent to retain the job seeker information directly from employees or to delete this information after a period of three months. This does not apply if you have other legal bases for storing job seeker information.
Business with job seekers
You agree that you will be dealt with fairly and professionally by job seekers, and you may contact them using information from the candidate database and do not do anything that could lead us or the Website to bad reputation. You will be released by us from and against any claim made by an individual against us arising out of your breach of this obligation or any of these employment conditions.
19.1 This section applies to all advertising campaigns ("Campaigns") and other material that we have accepted for display on any of our websites. By posting any such material, you agree to be bound by these terms and conditions, even if you are acting as an agent or buyer for a third-party advertiser.
19.2 We must receive complete creative content for the Acceptable Format Campaign at least two business days before 9am, on the live broadcast date specified in your order. Otherwise, we may not be able to reach a specific transfer date, but you must pay the full amount specified in the order regardless of whether any delivery goal for the impression has been met.
19.3 To cancel or change an order for a Campaign, you must notify or email us at the order number or address, at least two business days before 9am on the date of activation specified in your order. Otherwise, you must pay the full amount stated in the order, regardless of whether any delivery goals for the impression have been met. In the event of a campaign cancellation, you, as Data's controller, must return to us to the controller all received personal data and destroy all working copies of personal data bases.
19.4 You are responsible for the content of the material you have provided to us and for ensuring that you have the right to provide it to us and that it complies with all relevant laws and codes of practice. If we receive complaints about any material or its contents, at our discretion, we may remove the material from the screen without reference or liability to you. You hereby absolve us of any claim that the material infringes intellectual property rights or other rights or is defamatory or offensive in any other way.
19.5 If you are an Employment Agency or Employment Company (as defined by the Employment Agencies Act 1973), it is your responsibility to ensure that the advertisements you place on the Website comply with the Employment Agency Rules of Conduct and the Employment Rules of 2003 and all other applicable laws.
19.6 You are also responsible for completing and handling any orders or inquiries regarding the goods or services to which the Campaign relates, and you consider us to be harmless accordingly.
19.7 If the campaign is sold on a cpm basis, we will provide you with a password that will allow you to track the number of views served instead of any other revision rights. You will not use the password or system that gives you access for any other purpose.
19.8 Your sole legal action is if we or our third parties, who may occasionally host and serve campaigns, make mistakes in running any campaign and assume the cost of running the campaign again. Neither we nor our third parties will under any circumstances be liable for any loss of profit or business.
20.1. Without limiting any of our other rights, we may suspend the provision of the Services or terminate the Agreement with immediate effect, in writing to notify you if:
(a) commit a material breach of any part of the Agreement and (if such breach can be remedied) do not remedy that breach within 7 days of being notified in writing;
(b) if you do not pay any amount due under the Agreement on the due date for payment;
(c) take any step or action in connection with your entry into the board of directors, provisional winding-up, or any composition or arrangement with your creditors (except in connection with solvent restructuring), whereby you are liquidated (either voluntarily or by order of a court, except in the case of solvent restructuring) the appointment of the recipient of any assets or of discontinuing operations or, if a step or action is taken in another jurisdiction, in connection with any similar proceedings in the relevant jurisdiction;
(d) suspend, threaten to suspend, terminate or cease all or a substantial part of your business; or
(e) your financial position is deteriorating to the extent that, in our opinion, your ability to adequately fulfill the obligations under the Agreement is compromised.
(f) Termination of the Agreement will not affect Your or Our rights and remedies that have occurred after termination.
(g) Any provision of the Agreement that expressly or intentionally intends to enter into force on or after termination shall remain in full force and effect.
(h) In the event of termination of the contract, we, as controller of personal data, need you to return all personal data of the client and destroy all working copies of the data.
We may assign or contract any or all of our rights and obligations under this Agreement to a member of our groups or companies. If we exercise our right to subcontract any or all of our obligations under this Agreement with a member of our group, we will immediately continue to discharge such obligations to the ceasing company.
Events outside of our control
22.1 We will not be liable for any failure or delay in the performance of any of our obligations under the Contract caused by any action or event beyond our reasonable control (the "Event beyond our control").
22.2 If something outside our control occurs that affects the fulfillment of our obligations under the Agreement:
(a) we will contact you as soon as possible to notify you; and
(b) Obligations under the Agreement will be suspended and the time of performance of our obligations will be extended for the duration of the Event beyond our control. We will agree with you a new date for the Services after the event ends beyond our control.
22.3 You may cancel a contract that was affected by an event beyond our control that lasts for more than 30 days. Contact us to cancel. If you choose to cancel the contract, we will refund you the price paid, less the costs that we have reasonably and truly suffered from us in providing the Services until the date of the occurrence of events beyond our control.
License to use client names and logs
Customer grants us a fully paid, worldwide, non-exclusive, royalty-free license for the duration of the Agreement for the use of Customer's name, trademarks and logos ("Client's IP") for the purpose of providing the Services and in our marketing materials (including but not limited to) be on, websites and brochures) and that we can present examples of services provided and materials published on behalf of the customer.
Limitation of liability: your attention is determined by this clause
24.1 Nothing in the Agreement limits or excludes our liability for:
(a) death or personal injury caused by our negligence or negligence on the part of our employees, agents or subcontractors;
(b) fraud or misrepresentation; or
(c) a breach of the conditions laid down in Article 2 of the Supply of Goods and Services Act 1982 (ownership and tacit possession) or any other liability which cannot be limited or excluded by the applicable law.
24.2 Subject to clause 24.1, we shall not be liable to you, either in the contract, for damages (including negligence), for breach of duty or otherwise, incurred under or in connection with the contract for:
(a) loss of profit;
(b) loss on sale or business;
(c) loss of agreement or contract;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to good repute; and
(g) any indirect or consequential loss.
24.3 Subject to clause 24.1, our total liability to you arising out of or in connection with the Contract, whether in the contract, a criminal offense (including negligence), breach of legal duty or otherwise, will be limited to the total fees paid in the contract .
24.4 Except as expressly stated in these Terms, we make no warranty with respect to the Services. Any representation, condition or warranty that may be implied or incorporated into these Terms by statute, including, without limitation, the terms contained in Sections 3 to 5 of the Supply of Goods and Services Act 1982, by general law or otherwise, to the maximum are to the extent permitted by law, excluded from the Contract.
24.5 Nothing in these Terms limits or affects the exceptions and restrictions set out in our Terms and Conditions.
24.6 This clause 24 shall survive the termination of the Agreement.
25 As a Personal Data Processor, you agree to provide our DPO with an insight into the processing of personal data, perform processing controls, and all without notice.
26 In the event of breach of the personal data of the clients, you are obliged to inform us when you find out that there has been a breach of personal data for the purpose of maximum protection of personal data. You are also obliged, as soon as possible, to notify us, the candidates and the supervisory authority to protect your personal information.
What land laws are valid for all disputes?
These employment conditions, their subject matter and the formation thereof are governed by Croatian law.