General Commercial Terms and Conditions of Profesia CZ, spol. s r.o.
- Profesia CZ, spol. s r.o., with its registered seat in Prague, Nové Město, Opletalova 1015/55, District Praha Hl.m., postcode 110 00, company ID No. 24149055, registered in the Commercial Register kept by the Registration Court in Prague under the file reference: C 183157 (hereinafter referred to as "Operator"), is the operator of the website www.profesia.cz (hereinafter referred to as "Website") and the provider of services on the Website.
- The operator issues the following General Terms and Conditions of Společnost Profesia CZ, spol. s r.o. (hereinafter referred to as "GTC") governing the rights and obligations of the Operator and third parties in the provision and use of services of the Operator. The GTC are an integral part of the contract with the Operator and are binding for all users of the Services.
- The business activity of the Operator is not a recruitment for reimbursement under Act. 435/2005 Coll. on employment services and on the amendment of certain acts as amended..
- The following definitions for
the purposes of GTC and for the creation, amendment and termination of the
legal relationship between the Operator and the Client or the Job Seeker are
interpreted as follows:
Client is a natural person or a legal entity that uses or intends to use the services provided on the Website, in particular in order to find a suitable employee.
Job Seeker is only a natural person who uses the services provided on the Website in order to find a suitable job.
Curriculum Vitae is a summary of data on a Job Seeker.
Operator´s CV Database is a database containing CVs created and/or published by Job Seekers.
Services are products that the Operator provides to the Clients and to the Job Seekers especially through the Website.
Price List is a list containing the prices of Services that the Operator provides to its Clients.
Job offer or the short-term temporary job is the advertisement posted by the Client on the Website in order to find a suitable employee, and to represent a particular type of Service provided on the Website.
For the posting of a short-time temporary job the regulations VOP stating the conditions of posting a Job are valid, unless the parties have explicitly agreed to other terms.
Services provided to Job Seekers
- A Job Seeker is a natural person who is looking for a suitable job by using the Services provided to Job Seekers. Services that the Operator provides to Job Seekers are free and serve as an aid in finding job opportunities through the Website. To use the Services provided to Job Seekers it is required to register on the Website. A Job Seeker registers under any login email and password. A Job Seeker may cancel its registration at any time by sending an e-mail to the Operator with the request to cancel its registration.
- The Services provided to Job
Seekers on the Website include in particular the option to:
- Reply or respond to posted Job Offer. A Job Seeker is entitled to respond to a Job Offer posted on the Website; this Service is also available to Job Seekers not registered on the Website. This service is intended exclusively for job seekers, therefore the Operator reserves the right not to enter into a legal relationship with recruitment agencies and to limit their illegal activities through the Web page.
- Create a job search agent on the Website for the job offers posted on the Website, which based on search criteria specified by Job Seeker sends suitable job offers to a given e-mail address.
- Save a CV in the Operator´s CV Database and make it accessible by filling an on-line form on the Website or by sending the printed form to the address of the Operator. The Operator reserves the right to modify the CV so that it is in accordance with the custom and practice regarding filling in the forms. The Operator also reserves the right not to make accessible or to delete a CV from the Operator´s CV Database that contains insufficient information for the job search, or that according to the Operator includes irrelevant information or information not related to the job search (e.g. political and religious views, advertising, vulgarism, etc.); the Operator shall inform the Job Seeker about this decision with respect to such CV.
- Participate in discussions on the forum operated on the Website of the Operator.
- Archive the sent replies (responses) to Job Offers posted on the Website.
- Request references from former employers or other individuals not previously determined and to anonymously assess selection procedure at the Operator´s Client.
- Within the scope of Services provided to Job Seekers, the Operator records the CVs in the Operator´s CV Database that were saved by Job Seekers, and archives the responses sent by Job Seekers (hereinafter referred to as "Response") to Job Offers posted on the Website. Within the scope of services made provided to its clients, the Operator makes accessible/providing the CVs and allows Responses to Job Offers posted on the Website to be processed.
- CVs stored in the Operator´s CV Database and Responses to the Job Offers posted on the Website sent by Job Seekers include information which, according to Act no. 101/2000 Coll. Act on Personal Data Protection and on amendments to certain laws as amended (hereinafter referred to as the Act on Personal Data Protection), are considered personal information.
- Before creating a CV on the Website or sending a Response to a Job Offer, the Job Seeker declares that all the provided data is true.
- CVs stored in the Operator´s
CV Database and/or Responses to Job Offers sent by
Job Seekers include:
- At least one contact information (e-mail or phone number),
- Educational attainment,
- Specification of the work area and the position interested in,
- Specification of the vacancy location,
- Required job type,
- Specification of gender (solely for the purpose of statistical analysis).
- Providing additional data in the CV and/or in the Response is at the sole discretion of each Job Seeker; the Operator does not require any additional data. The Operator does not require in any way from the Job Seeker to provide the information covered in a separate category defined in § 13 of the Act on Personal Data Protection.
- Without the express consent of the Job Seeker, the Operator and the Client of the Operator shall not be entitled to process the data of the Job Seeker.
- Before creating a CV on the Website, the Job Seeker shall provide demonstrable consent that such data is processed by the Operator and made available to Clients of the Operator by means of a computer network Internet during a period of time specified by the Job Seeker. The Job Seeker who is looking for a job on the Website is entitled to specify and change the period of availability of its CV in the Operator´s CV Database within the duration of its publication 3 months at most; the Job Seeker is also entitled to terminate at any time the availability of its CV in the Operator´s CV Database on the Website. After the expiry of the period of CV availability specified by the Job Seeker, the CV and the data therein will be inaccessible/not provided and will be stored in the Operator´s CV Database in the event that the Job Seeker wishes to update the CV and make it available in the future. After a 3 year period from the last login of the Job Seeker in its registration created on the Website (according to GTC) its CV or the data therein shall be made permanently anonymous from the Operator´s CV Database, and shall be used exclusively for statistical purposes.
- Before sending the Response to a Job Offer posted on the Website, the Job Seeker shall provide a demonstrable consent that the data given included in the Response can be processed by a particular Client of the Operator and by the Operator. The Consent is given for a limited period of time, i.e. 3 years. After a period of 3 years, the data shall be made anonymous and used for statistical purposes only.
- The Operator shall process the data provided in the CVs stored in the Operator´s CV Database solely for the purpose of assisting Job Seekers in finding job opportunities by making the CVs registered in the Operator´s CV Database accessible/provided to its Clients.
- The Operator shall process the data provided in the Responses of the Job Seeker solely for the purpose of assisting job seekers in finding job opportunities by archiving the Responses sent by the Job Seeker for Job Offers posted by the Clients.
- The Job Seeker may at any time request confirmation of whether or not its personal data is being processed, or information about the extent to which the data is recorded by the Operator or Client. The Job Seeker may at any time request the disposal of data that is recorded by the Operator or the Client.
- The Operator undertakes that it and its authorised persons that come into contact with the personal data of the Order party and/or the Job seeker while carrying out their work shall maintain the confidentiality of the data in accordance with the Act on Personal Data Protection, and shall not use such data for personal use or disclosure to third parties without the consent of the person concerned. Provisions of this paragraph shall not affect the obligations of the relevant legislation and/or the decisions of the bodies concerned.
- The Job Seeker agrees to the use of its electronic contact information for direct marketing purposes relating to the goods or services of the Operator and its Clients.
- The provider would like to inform Client that through the Website he uses Google Analytics (a service of web analysis) with the function User ID, provided by the company Google Inc. that serves for the analysis of the Client's use of the Website. The service Google Analytics uses for the analysis of Client's use of the Website cookie files, which are text files that are being downloaded on the Client's computer. All information obtained through the application mentioned above is anonymous without showing the full form of the Clients' IP addresses. In the settings of the web browser the Client can ban downloading the cookie files. The Client agrees with the use of the Website and of the Services with the use of Google Analytics with the function User ID.
Services Provided to Clients
the Job Offer After a successful registration, the
Client is entitled to post a Job Offer
on the Website. The Job Offer is
published according to the following rules:
- The Client itself posts a Job Offer and determines its content, while a Job Offer must contain at least the minimum criteria specified by the Operator.
- The Operator reserves the right to modify the Job Offer so that it is in accordance with the custom and practice regarding filling in the forms on the Website.
- The period of Job Offer posting is specified by the Client. The Job Offer posting period selected by the Client must be in accordance with the valid Price List of the Operator published on the Website.
- The Operator reserves the right not to post or delete a posted Job Offer:
- which is contrary to the laws of the Czech Republic, to ethical standards or decency,
- in which the Client conditions the job matching and/or recruitment or similar employment with a handling fee or other payment,
- presenting multiple job offers within a single form for the job (i.e. within one Job Offer),
- which is incomplete or misleading or contains false information or reduces the quality of Services provided on the Website for other reasons,
- with advertising or marketing content or with information about the products or Services of the Client or of a third person,
- which may damage the reputation of the Operator or of a third party,
- of an erotic nature or Job Offers that arouse suspicion that it may be this type of work,
- double-posted on the Web site by one Client,
- which includes a job opportunity through MLM (multilevel marketing) or doorstep sales.
- Access to the Operator´s CV Database. The Operator provides Clients with protected access to the Operator´s CV Database. In justified cases, in particular in the case of new Clients where the Operator assumes a risk of misusing the data of Job Seekers stored in the Operator´s CV Database, the Operator is hereby authorized to limit or refuse access to the Operator´s CV Database to such Clients. The Client is entitled to use the data of Job Seekers obtained from the Operator´s CV Database only to find suitable employees.
- Posting the Client's logo on the front page of the Website.
- Posting advertising banners..
- Posting advertising information in central and direct mailing.
- Implementation of specialized solutions for posting Job Offers concerning the Client´s vacancies (especially graphic design).
- Mark HR application.
- Other promotional products according to the valid Price List.
Creation, modification and termination of the contractual relationship
- To use any of the Services the Client is required to register on the Website. Registration is done by completing the registration form. When the registration has been completed successfully, the client shall create its own on-line account that is protected by a unique username and password. The client is obliged to protect the username and password from misuse or not to disclose them to third parties.
- The Operator´s services are ordered by means of an on-line account, rarely on the basis of a written (letter, fax, e-mail) or telephone order from the Client.
- By placing the order with the Operator, the Client agrees with the possible disclosure of its personal data or personal data of its employees in the Job Offer, if it is required by the character of the Service ordered by the Client from the Operator.
- The order must contain at
- The Client´s business name or its legal form,
- billing address or also the postal address of the Client,
- Company Registration Number, Tax Identification Number and/or VAT Identification Number of the Client,
- The Client´s contact information (phone number, fax, e-mail),
- Type of ordered Service and the period of service provision.
- The contractual relation begins by confirmation (via Website or letter or fax or e-mail or telephone conversation) of ordered services by the Operator. Provision of Service ordered by the Client shall also be deemed to be an order confirmation. The contract is concluded for a definite period of time during the provision of the ordered Service from the date of order confirmation by the Operator.
- Order confirmed by the Operator is binding and may be amended only based on the mutual consent of the contractual parties. The Operator is entitled to condition the Order amendment with an administrative fee.
- Unless otherwise stated in the Contract,
it is possible to terminate the Contract before its expiry:
- by the written agreement of the contractual parties.
- by the Operator´s withdrawal
from the Contract, if the other contractual party is in material breach of its
obligations under the contract or these GTC. Material breach of the Contract
shall be in particular:
- Posting the Job Offer by the Client in breach of the provisions of 20.D et seq. of the GTC
- Using the data of Job Seekers obtained from the Operator´s CV Database by the Client for any purpose other than to search for a suitable employee,
- Use of the Services provided on the Website for bulk email sending or sending messages containing information about products and services or sending messages containing information that is contrary to the laws of the Czech Republic, regarding the ethical standards and decency or which may damage the reputation of the Operator or other natural persons and legal entities,
- The Client is acting in breach of the Contract and/or these GTC and/or decency and if this may, especially on the basis of negative feedback from the users of the Website and according to the reasonable opinion of the Operator, damage its reputation and reduce and/or endanger the level of quality of the provided Services.
- usage of automated systems (especially bots, robots, modules or other automatic devices or programs for searching or collecting contents of the Website) when using the services of the Operator or the Website, whose access means are not provided by the Operator.
- Written notice of withdrawal from the Contract is delivered to the other Contractual Party at the address specified during the registration or at the provided e-mail address.
- If the Operator is not at fault and the contract is terminated without using the Services ordered by the Client, the Client is not entitled to recover the agreed price. The Operator is not responsible for incomplete use of Services .
Price of Services and Terms of Payment
- Price of a Service is determined according to the valid Price List published on the Website on the day of ordering the Service.
- An invoice (tax document) is usually issued by the Operator after providing the Services to the Client. An invoice is normally issued for the entire period for which the Client has ordered the use of the Services. Maturity of invoices is 14 days from the date of invoice issuance, unless otherwise agreed in the Contract. In justified cases, the Operator is entitled to provide the ordered Service after the payment of the Price of ordered Service; the Operator shall inform the Client of this fact beforehand.
- The Client shall pay the Operator the Price of the ordered Service, duly and on time, by a wire transfer to its bank account specified on the invoice.
- In the event of the Client´s delay in payment, the Operator is entitled to charge interest on overdue payment of 0.1% of the outstanding amount for each day of delay; it is also entitled to temporarily, until the settlement of the invoiced amount, suspend the further provision of Services. In the event of the Client´s delay exceeding 30 days, the Operator is entitled to mandate the claim in question to a collection agency cooperating with the Operator. The cost of the claim collection shall be included in the Operator´s claim.
- Objections to invoices issued, which would result in a restriction of the right to a claim of the Operator towards the Order Party, the Order Party must be enforced in writing to the Operator within 7 days from the date on which the invoice was received.
- The Operator refunds amounts of money to the Client only if such individually exceed € 0.50.
- The Operator is not responsible for the content of the Service provided (posted) on the Website, especially for its graphical representation (e.g. logo, photograph or other result of intellectual creative activity) and for its grammatical accuracy. The Client is solely responsible for the violation of any rights of third parties by providing the Service on the Website. The Operator is not responsible for any damage caused by providing the Service on the Website.
- The Client is obliged to protect the data obtained from the Operator´s CV Database or from a Response against any misuse, and is also obliged to ensure that such data is not made available or provided to any other person or published. In the event of a breach of this obligation, the Client is fully responsible for any damage caused by such breach. The Client acknowledges that the CV database created by the Operator is subject to the copyright of the Operator and is protected by Act no. 121/2000 Coll. on copyright and rights related to copyright (the Copyright Act). The Operator is not responsible for the veracity and timeliness of the data contained in the Operator´s CV Database.
- The Client agrees that if any claims, due to the infringement of any rights of third parties referred to in this paragraph, are made against the Operator, the Client undertakes to satisfy those claims and to fully indemnify the Operator.
- The Operator shall not be liable to the Client for finding a suitable candidate to fill a job and for him/her staying in work or other such contract.
- The Operator does not give any guarantee to Job Seekers to find a suitable job opportunity nor the duration of work or other such contract.
- The Operator is not responsible for any damage that may be caused to users or third parties by using the Website, including loss of profits or loss of data.
- If the contract is terminated without using the Services ordered by the Client, the Client is not entitled to recover the agreed price. The Operator is not responsible for the incomplete use of Services .
- In the event of the Client´s delay, the Operator is entitled to suspend the further provision of Services to the Client. By this means of the Operator, the Client is not entitled to compensation and any compensation for ordered Services that it could not use during this suspension. This does not affect the Operator´s entitlement to a compensation.
- The Operator is not responsible for any misuse of a username and password by unauthorized persons nor for any consequential damages and any claims of third parties caused by such abuse.
- The Client has the right to claim an error (hereinafter referred to as "Error"), which occurred on the Website of the Operator in connection with the Service provided for it. An Error on the part of the Operator means in particular the malfunction of the Services specified in the Order for a period longer than 6 hours during the previous 24 hours. It is not an Error on the part of the Operator if the Services are not available at the Client due to a failure of the Client´s connection to the Internet, or due to other factors that the Operator is not responsible for.
- The period for lodging a claim is no later than 14 days from the date when the Client found or could find the Error.
- The Client may lodge the claim in writing (by sending a letter to the address of the Operator´s registered office, or by e-mail to: email@example.com), while the claim must be received by the Operator. The Operator undertakes to inform about the outcome of the claim within 14 days from its receipt.
General and Final Provisions
- The Operator reserves the right to amend and supplement the GTC while informing the Client immediately by publishing the changes on the Website and including the date from which the changes take effect. The original GTC expire when the new GTC come into force.
- All relations that are not stipulated in the Contract and/or GTC are governed by the laws of the Czech Republic.
- Divergent provisions in the Contract shall prevail over the GTC. The scope of GTC or parts thereof may be excluded only with the written agreement of the Contractual Parties to the Contract.
- These GTC shall enter into force on February 13th 2017