Agreement on the transfer of resumes for inclusion in the database on the website www.clarusapex.com (Agreement on the provision of services to promote employment)
Agreement on the transfer of CVs for the application for job vacancy advertisements and inclusion in the database on the website www.clarusapex.com.
FossaTech EOOD, hereinafter referred to as the “Contractor”, represented by the Director Stefan Lilienkamp, acting on the basis of the Charter, provides any individual, hereinafter referred to as the “Applicant”, services for the inclusion of the Applicant's resume in a database posted on the www.clarusapex.com website through the provision of the clarusapex.com website services.
The unconditional acceptance (acceptance) of the terms of this offer is considered to be registration on the Contractor's Website.
Acceptance of this offer (Agreement) on conditions other than those specified in this offer, or acceptance under a condition, is not allowed.
- Terms and definitions
1.1. Site – the content of Internet pages located on the Internet at clarusapex.com, which is used by the Applicant in accordance with this Agreement.
1.2. Job Seeker – a user of the Site who has posted his Resume (see below) in the ClarusApex Database (see below) in order to find a job.
1.3. The ClarusApex database is a collection of CVs of Applicants located on the Internet at the domain address https://www.clarusapex.com.
1.4. Jobseeker's account information – a unique username (login) and password to enter the protected pages of the Site. The e-mail address specified by the Applicant when registering on the Site is used as a unique username (login).
1.5. Resume – a document containing the Applicant's personal data, including information about the last name and first name, e-mail address, education, job descriptions, as well as other data related to job search.
1.6. Client of the Site – anyone registered on one of the Sites managed by the Contractor, a legal entity or an individual who has received a unique username and password to enter the protected pages of the corresponding Site of the Contractor.
1.7. An anonymous user of the Site is a legal entity or individual who is not registered on any of the Contractor's Sites or is registered only on one of them, but uses the services of the Site (s) available to him, on which he is not registered at the time of using such Site.
- Subject of the agreement.
2.1. The Contractor undertakes to provide an opportunity for the Applicant to post a Resume on the Site, search for vacancies published on the Site and create responses to them.
2.2. In accordance with individual country data protection laws, the Applicant agrees to place his personal data in the form of a Resume, necessary for effective employment, and also expresses (provides) his consent to the Contractor to carry out with all the personal data specified in the relevant Resume (as well as Summary) of the following actions: collection, systematization, accumulation, storage, clarification (update or change), use, distribution, depersonalization, blocking, destruction, as well as processing for the purpose of fulfilling the Contractor's obligations under this Agreement, the purpose specified in clause 2.3 of this Agreement, as well as to promote the services of the Contractor by establishing (including sending messages) using the means of communication using the contact information specified in the Resume.
2.3. The purpose of posting the personal data of the Applicant is employment.
2.4. The term for posting personal data in the form of a Resume (the term for providing consent in accordance with clause 2.2. Of this Agreement) is unlimited and is determined independently by the subject of personal data (Applicant).
2.5. Nothing in this agreement can be understood as the establishment between the Contractor and the Applicant of an agency relationship, partnership relationship, joint activity relationship, personal employment relationship, or any other relationship not expressly provided for in this agreement.
2.6. The Contractor, at the request of the Applicant, may provide other services of the Site, in which case the conditions for the content, the procedure for providing such services, price or other counter-provision are posted on the corresponding page of the Site.
2.7. When the Applicant responds to this or that vacancy, the potential employer of this vacancy may receive questions, the results of the answers to which remain with this employer and the Applicant is not communicated. At the same time, no employers' questions and the Applicant's answers to them can be understood as the only criterion for hiring.
The Applicant's answers to the questions of a potential employer are confidential. All responsibility for the confidentiality of the Applicant's responses rests with the respective potential employer.
2.8. For the implementation of the actions specified in clause 2.2. of this Agreement, the Contractor does not pay any deductions and/or remuneration in favor of the Applicant.
2.9. The Applicant unconditionally agrees and acknowledges that the personal data posted on the Site in the form of a Resume will be publicly available. The Contractor is not responsible for maintaining their confidentiality and/or use by third parties.
2.10. The Applicant, in order to fulfill the obligations under this Agreement and to achieve the purpose of processing the Applicant's personal data (clause 2.3. Of the Agreement), provides the Contractor with consent to the dissemination and transfer of the Applicant's personal data provided by the Applicant in the form of a Resume to any third parties located on the territory of any foreign state (the Contractor's right to the cross-border transfer of the Applicant's personal data to any third parties).
2.11. Placement by the Applicant of personal data on the Site in the form of a Resume can be carried out either directly by the Applicant by filling out a special form on the Site, or automatically – by providing the Applicant with consent to the Site (as well as other sites) to programmatically obtain personal data for drawing up a Resume from another (other) sites on which the Applicant's personal data is located as publicly available personal data.
2.12. In the case of drawing up a Resume automatically (clause 2.11.), After the Site programmatically compiles a draft Resume, the Applicant has the right to either confirm the posting of such a Resume on the Website or refuse to post it.
- Obligations of the Contractor
3.1. The Contractor undertakes:
3.1.1. provide an opportunity for the Applicant to create an unlimited number of Resumes and save them in the ClarusApex Database;
3.1.2. provide access to the Clients of the Site and the Anonymous users of the Site to no more than five CVs of the Applicant;
3.1.3. provide an opportunity for the Applicant to control access to his CV and set the CV visibility settings of his choice;
3.1.4. provide an opportunity to respond to vacancies published on the Site, create cover letters and receive messages by e-mail and SMS (if the mobile phone is specified correctly) from the Site Clients who have published vacancies.
3.1.5. provide an opportunity for the Applicant to remove the Resume at any time at its sole discretion.
3.2. The Contractor has the right to delete the Resume or refuse to post it at any time at its discretion without giving any reason.
3.3. The Contractor has the right at any time and without prior warning to send to the e-mail address specified by the Applicant when registering on the Site, information messages about the events of the Contractor's company, about the Site's services, and the Contractor's services and other information, including advertising.
3.4. The Contractor has the right to publish the Resume of the Applicant in any way by any means and on any media, including by posting on the Site and/or being included in the ClarusApex Database, while the Contractor does not make any deductions and/or remuneration to the Applicant.
3.5. The Contractor has the right to profit in any way and without any restrictions from the processing and publication of personal data (including by providing access to third parties) of the Applicant posted by the Applicant on the Site (in the ClarusApex Database) in the form of a Resume, while the Contractor does not make any deductions and / or remuneration payments to the Applicant.
3.6. The Contractor has the right at any time to present to the content of the Resume posted by the Applicant on the Site, requirements related to clarification, visual presentation and structuring of data, including the decoding of abbreviations and abbreviations available in the Resume.
3.7. In case of non-fulfillment by the Contestant of the Contractor's requirements presented by the Contractor in accordance with clause 3.6. of this Agreement, the Contractor has the right to refuse to post the CV of the Applicant, in respect of which the Contractor has made any demands.
- Obligations of the Applicant
4.1. The applicant undertakes not to do the following:
4.1.1. In any way, through the Site, post, distribute, save, download and/or destroy materials (information) in violation of Ukrainian and international legislation.
4.1.2. Post and/or transmit through the Site, information in the form of text, images, sound or program code, which may be illegal, advertising, threatening, offensive, defamatory, knowingly false, rude, obscene, harm other visitors to the Site, violate their rights and legal interests.
4.1.3. Inject executable code on the user side (client scripts: java-script, visual basic-script, etc.), any embeddable objects (java applets, flash, etc.), use frame and iframe, cascading style sheets, overriding ones used on the Site, as well as html-code that violates the original design of the page.
4.1.4. Introduce yourself in someone else's name or on someone else's name (individual or organization) – an applicant registered on the Site, a representative of the employer's organization, an employee of the Contractor. Mislead users and the administration of the Site regarding their identification in any other way.
4.1.5. Post deliberately false information.
4.1.6. Post advertisements that advertise any franchise or pyramid scheme offering to “join a club”, become a distributor, sales representative, “manager” or other employees of a company whose business model is based on the preliminary and/or periodic transfer of funds from downline employees to upline, implying payment of labor only in the form of a percentage of sales and/or requiring the involvement or hiring of other agents, distributors, “managers”, “club members” and the like.
4.1.7. Post and/or transmit, using the Site, materials, if the Applicant does not have the appropriate rights to do so. This applies to materials protected by copyright, trademarks, patents, as well as non-proliferation agreements, confidentiality, and the like.
4.1.8. Destroy and/or modify any materials on the Site, the author of which is not the Applicant.
4.1.9. Print or otherwise copy and use personal information other than your CV.
4.1.10. Use information about phone numbers, postal addresses, e-mail addresses for purposes other than the subject matter of the Site (hiring, recruiting candidates, proposing positions and candidates, etc.).
4.1.11. Register using someone else's e-mail address, or an address to which the Applicant does not have the right to use it in this way.
4.1.12. Post vacancies for any employer, namely, job offers with any employer.
4.1.13. Post phone number (s), the right to use which is not available to the applicant, or the number belongs to legal entities.
4.2. The applicant, accepting this offer, expresses his full and unconditional consent to receive information messages from the Contractor, provided for in clause 3.3. present agreement.
4.3. The applicant undertakes to regularly familiarize himself with the content of this Agreement in order to timely familiarize himself with its changes.
4.4. The Applicant has the right at any time, at its discretion, to revoke his consent to the processing of his personal data (presented in the form of a Resume) by the Contractor, including by self-deleting any specific or all of his Resumes posted on the Site. For which the Applicant is provided with the appropriate technical capability (interface) on the Site.
- Information security of the Site
By using the Site, the Applicant undertakes not to violate or attempt to violate the information security of the Site, which includes:
5.1. access to data not intended for this Applicant or logging into the system under a login that does not belong to this Applicant;
5.2. attempts to check the vulnerability of the Site's security system, violation of the registration and authorization procedures without the permission of the Contractor;
5.3. attempts to interfere with the use of the Site by other users, which includes the spread of computer viruses, data corruption, constant sending of repetitive information, sending email through the site server, sending a large number of emails and / or requests to the Site at the same time in order to deliberately disable the site server failure and similar actions that go beyond the normal intended use of the Site, and may intentionally or through negligence lead to malfunctions in its work;
5.4. sending to users of the Site materials to which they did not give their consent, “spam”, any letters and advertisements without the permission of the Contractor;
5.5. imitation and/or forgery of any TCP / IP packet header or any part of the header in any email or material posted on the Site;
5.6. use or attempts to use any software or procedure for navigation or search on the Site, except for the search engine built into the Site and traditional and public browsers (Microsoft Explorer, Mozilla Firefox and others).
5.7. Violation by the Applicant of the security of a system or computer network, or attempts to violate it, entails civil and criminal liability. The Contractor will investigate all cases of possible security breaches or attempts to violate it by all users of the Site in cooperation with law enforcement agencies in order to suppress such malicious activity.
- Protected sections of the Site and passwords
6.1. Access to information located on the protected sections of the Site is allowed only to registered users who have received a password to enter the protected sections of the Site. The password cannot be transferred to other persons, and the Jobseeker is fully responsible for all damage caused to him, the Contractor or third parties, arising from the intentional or unintentional transfer of the password by the Jobseeker to another person. The applicant is responsible for maintaining the confidentiality of the password and any use of the Site through his password.
- User information
7.1. The Contractor makes every possible effort to avoid unauthorized use of the Applicant's personal data.
7.2. The Contractor is not responsible for possible misuse of the Applicants' personal data, which occurred due to:
– technical problems in the software, servers or computer networks beyond the control of the Contractor;
– interruptions in the operation of the Site associated with the intentional or unintentional use of the Site for other purposes by third parties described in the section “Information security of the Site”
– transmission of passwords or any information, including both the Summary as a whole, and its individual parts or data, from the Site users to other persons who are not registered users of the Site or other users who do not have access to this information due to the conditions of registration and concluded agreements with the Contractor;
– violations of the information security of the Site;
– violations of the terms of agreements on the use of the ClarusApex Database by the relevant contractors of the Contractor (Site Clients)
7.3. By using the Site, the Applicant agrees and accepts that the Contractor reserves the right to use his personal data, including those presented in the form of a Resume, anonymously and in a generalized form for statistical purposes, as well as for targeting advertisements posted on the Site.
7.4. The Contractor undertakes not to provide any personal data of the Applicant to individuals and legal entities claiming the possible misuse of such information (sending unauthorized advertising, “spam”, providing information to others, etc.).
- Financial relations
8.1. The Contractor's services are provided in accordance with clause 2.1. of this Agreement for Applicants are provided WITHOUT PAYMENT.
8.2. Other services and services (other than those specified in clause 2.1. Of this Agreement) provided by the Contractor on a paid basis are governed by the relevant offer/s or other agreements and annexes thereto published on the Site.
8.3. The Contractor is not a representative of either the Applicants who publish their resumes on the Site, or the Site Clients who post vacancies, therefore, can not be responsible for any obligations (including financial) arising between those and others. Any agreements between applicants and Site Clients are bilateral, and the Contractor has nothing to do with them.
- Use of Site materials
9.1. Each user of the Site, Applicant, or representative of the Client of the Site, is responsible for the information posted on his behalf and for the consequences of this posting.
9.2. The site is only a means of transmitting information and in no case is responsible for its accuracy and relevance.
9.3. The Contractor makes every possible effort to exclude from the Site careless, inaccurate or knowingly incomplete information, however, ultimately the responsibility for it lies with the persons who posted it.
9.4. When reprinting and otherwise using materials from the Site that are not CVs of Applicants, descriptions of companies or vacancies, as well as a logo, design elements, appearance, and structure of the Site, a link to the Site is required.
9.5. The use of CVs of Applicants, descriptions of companies, and vacancies is unacceptable for any purpose other than those relevant to the subject of the Site (job search, employees, obtaining information about the labor market).
9.6. If the Site Client saves the Applicant's CV in its own database outside the Site, then the Site Client bears responsibility for this within the framework of Federal Law No. 152-FZ of July 27, 2006 “On Personal Data”, as the operator of personal data.
9.7. It is not allowed to use software (scripts, robots) to read or collect information (data) from the Site.
9.8. The logo, name, design elements, design, and general appearance of the Site are the intellectual property of the Contractor and their use without the express explicit consent of the Contractor is prohibited.
9.9. Since the identification of users of the Sites is difficult for technical reasons, the Contractor is not responsible for the fact that registered users are really the people they claim to be and is not responsible for any damage caused to Applicants or other persons for this reason.
9.10. Using information from the Site, the Applicant realizes and accepts the risks associated with the possible inaccuracy of the information posted on the Site, as well as with the fact that some information may seem to him threatening, offensive, libellous, knowingly false, rude, obscene. If this happens, the Applicant must immediately stop using the Site and inform the Contractor about the availability of such information.
9.11. The Contractor does not guarantee that the published Resumes will be viewed by a certain number of Site Clients or at least one.
9.12. The Contractor does not guarantee that the software, servers, and computer networks used by the Site are free from errors and computer viruses. If the use of the Site entailed the loss of data or damage to equipment, the Contractor is not responsible for this.
- Law applicable to the relations of the Parties and the resolution of disputes
10.1. This Agreement, as well as the relationship between the Applicant and the Contractor, including those not regulated by this Agreement, are governed in accordance with the current legislation of Bulgaria.
10.2. If it is impossible to resolve disputes between the Parties through negotiations, they must be resolved in court at the place of state registration of the Contractor in the manner prescribed by the current procedural legislation of Ukraine.
- Validity of this Agreement, amendments
11.1. This Agreement is valid from the moment of its acceptance by the Applicant.
11.2. The Contractor has the right at any time at its discretion and without prior agreement with the Applicant to amend this Agreement. In this case, changes and additions come into force from the moment they are published on the Site.
11.3. The use of the Site by the Applicant (as well as the exercise by the Applicant of the rights and obligations established by this Agreement) after any changes to this Agreement means the Contestant's consent to such changes and/or additions.
11.4. If the Applicant does not agree to use the Site after the Contractor has made changes to this Agreement and/or, accordingly, comply with this Agreement after the changes, then the Applicant undertakes to stop using the Site and has the right to terminate this Agreement by sending a corresponding notification to the Contractor.
Director of FossaTech EOOD Stefan Lillienkamp