General Terms and Conditions of "jacando Match"

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General Terms and Conditions of "jacando Match"
 General Terms and Conditions of "jacando Match"
Preamble
The General Terms and Conditions listed hereafter specify the general conditions for using the services
of "jacando Match" and thus form the integral part of the contract for the provision of matchmaking
services (including the provision of the applicant interface and applicant management) between our
customers and jacando AG. If no other written contractual agreement between jacando AG and the
customer exists, the General Terms and Conditions described hereafter apply and are tacitly accepted.
1 Matchmaking service
1.1 Fee
jacando's claim for a fee arises upon the successful creation and use of the account by the customer.
The fee is to be specified in a separate agreement.
1.2 Payment date of the fee
The fee is chargeable and due for payment upon the customer's receipt of the proper invoice in
accordance with clause 1.3.
1.3 Terms of payment
The invoices of jacando AG are to be paid within ten days of receipt, net and without discount. The
invoices are deemed accepted if no objection to them is raised in writing within ten days of receipt. The
offsetting of any claims of the customer with the claims of jacando AG is excluded.
2 Publication of job advertisements
jacando AG supports customers in recruiting personnel. jacando AG provides a form of access, "jacando
for companies", which can incorporate any job advert. In parallel to that, jacando AG can provide the
customer with a registration service for new vacancies if so agreed by contract.
3 Data protection & disclosure requirements
The personnel files, which the customer can access online via his applicant portal
(subdomain.jacando.com), are the property of the customer. All applicant dossiers must be treated
confidentially. jacando AG assures the customer that it has collected the personal data and will
communicate them to the customer in accordance with applicable data protection law. All personal data
entered by the customer via his or her candidate portal (subdomain.jacando.com) for the purpose of
candidate management will be processed and used by jacando AG, as the agent, on the customer's
behalf.
jacando AG ensures that jacando AG is specified as the service provider and holds in readiness all
information (including on the website subdomain.jacando.com) as well as a privacy policy that satisfies
the applicable statutory requirements.
4 Liability
Insofar as nothing to the contrary arises from the effective provisions of these GTCs, jacando AG has
unlimited liability for damages to the customer caused deliberately or through the gross negligence of
jacando AG, its legal representatives, officers or agents. In cases other than those mentioned, the
liability of jacando AG – irrespective of the legal grounds – is excluded. Compensation claims of the
customer resulting from injury to life, limb or health that are based on a breach of duty of jacando AG
remain unaffected by this exclusion of liability. Furthermore, jacando AG exempts the customer from all
claims asserted by third parties against the customer, provided or insofar as these claims are based on
a breach of duty of jacando AG, particularly in case of an infringement of clause 3 of this contract.
The services of jacando AG relating to the search for and the preselection of candidates cannot, under
any circumstances, replace a thorough analysis conducted by the customer themselves. With the
appointment of the proposed candidate, the customer assumes full responsibility for his or her choice.
5 Value added tax (VAT)
All services provided by jacando AG are subject to the Federal Law on VAT. Consequently, the fees
and/or costs laid down in the General Terms and Conditions are increased by the amount of VAT that
applies.
6 Non-disclosure
The customer allows jacando AG to exchange data needed for the conclusion or the execution of the
contract with authorities or companies, if and to the extent necessary for contract implementation. In
addition, jacando AG may contact the applicant on the customer's behalf at any time to request further
information and/or documents.
7 Court of jurisdiction and applicable law
The court of jurisdiction for all disputes between jacando AG and a customer regarding the existence,
interpretation or performance of a contract is the seat of jacando AG in Basel.
These General Terms and Conditions are subject to Swiss law.
Data protection agreement
1 Information from jacando AG on data protection
We will ensure that all personal data will be collected, processed and used with strict adherence to all
data protection regulations in Swiss law and in particular to the federal Data Protection Act
(Datenschutzgesetz – DSG). Those of our employees involved in the processing and use of personal
data are bound by us to keep the data confidential, and this obligation continues to apply after the end
of their employment with us. We securely store the data entrusted to us by customers and applicants.
jacando AG will not sell, exchange or otherwise engage in the unauthorised use of personal data and
information, and nor will we permit the unauthorized transfer of personal data to other companies or
organisations.
2 Collection and use of personal data
In order to provide its services, jacando AG will – subject to strict adherence to data protection
regulations – collect, save, process, and use the personal data entrusted to it, always provided that the
customer has, by accepting of our terms and conditions of business, consented to the collection,
saving, processing and use of the personal data necessary for the provision of our services. This
acceptance is recorded by jacando AG.
3 Use of cookies
Some of the services we provide require the use of cookies. We use cookies to optimise the user’s
online experience and tailor our services to the user’s individual preferences. A cookie is a text file that
is saved either temporarily (session cookies) or permanently (permanent cookies) on the user’s hard
drive. Cookies are not used to run programmes or load viruses onto the computer. The main purpose of
cookies is to enable us to offer an individually tailored service that makes the most efficient use possible
of the user’s time. Most browsers have a default setting to accept cookies. Users can set their browser
to refuse cookies or to request confirmation from the user before accepting them. If cookies are
refused, we cannot guarantee that all data will be recorded. jacando AG uses Google Analytics, a web
analysis service provided by Google Inc. (‘Google’). Google Analytics uses cookies that enable usage of
a website to be analysed. The information generated by cookies regarding usage of the website is
usually transferred to, and saved on, a server operated by Google in the USA. In the event of IP
anonymisation, the user’s IP address will, within the member states of the European Union or in other
states signatory to the Agreement on the European Economic Area, nonetheless be shortened (and
thereby anonymised) beforehand. In exceptional cases, the full IP address may be transferred to a
Google server in the US and saved there in shortened form. jacando AG may request Google to use this
information to assess the use of the website, compile reports into website activity, and to provide
additional services relating to the use of the website and of the internet in general on behalf of jacando
AG. The IP address transferred from the user’s browser as part of the Google Analytics service will not
be merged with other data held by Google. Users can prevent cookies being saved on their computer by
adjusting their browser settings. In addition, jacando AG itself uses cookies in order to collect, process
and use data relating to usage. Using cookies helps jacando AG to make the interfaces of its website
more user-friendly, user-focused, effective, and secure.
4 Deletion and correction of personal data
At any time, users have the right to use their profile to see, correct, add to or delete the personal data
held about them and the settings of their user account. Users also have the right at any time to
withdraw their permission for the site owner to continue to collect and store their voluntarily offered
data.
5 Right of amendment
jacando AG reserves the right to change this statement on data protection at any time, subject to legal
provisions.
jacando AG
Basel, January 2016