General Terms and Conditions
- 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. 435/2004 Coll. on employment 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.
Regulation is the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC on the protection of personal data (hereinafter referred to as the “Regulation”).
The Law is Act Nr. 110/2019 on Data Protection (hereinafter referred to as the „Act“).
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.
Personal Data protection
Personal data in reaction to a job offer and to a short-term temporary job
- Among services provided by the Operator belongs also the possibility to post a job or a temporary short-term job on the Website. Jobs and temporary shor-term jobs are posted by Clients (Business partners). The job seeker is entitled to react to Jobs/Temporary Short-term Jobs posted on the Website. Profesia CZ, spol. s r.o. archives responses sent byJob Seekers as a reaction to jobs posted on the Website.
- Answers on the Website to published job adverts archived by Profesia CZ, spol. s r.o. contain data considered Personal Data under the Regulation and the Act. Therefore, such Personal Data may only be processed with the consent of the Concerned Party. Before sending an answer or a response to a job advert or a short-term temporary job offer, the Concerned Party declares that all provided details are true and then grants their consent to the processing of their personal data by Profesia CZ, spol. s r.o. and its Business Partner that published the specific job advert.
- The purpose of the processing of this Personal Data is to provide assistance to the Concerned Party as a Job Seeker to find a suitable job. Profesia CZ, spol. s r.o. archives the answers sent by Job Seekers to job adverts posed on the Website. Consent is granted for a period of 3 years. After a period of 3 years, the Personal Data will be made anonymous and used for statistical purposes only. A Job Seeker may work with (e.g. review, re-use, re-send, etc.) the answers to reactions sent to a Business Partner during this period using their registered account created on the Website.
- The period of three years is considered the time in which no significant changes are expected with respect to the Job Seeker’s qualifications and prerequisites and qualification requirements for a specific job. The three-year period was also defined based on HR-specific knowledge and expertise.
- Responses to a job or shor-term job posted on the Website contain: at least one contact detail (email or phone), the highest achieved education, defining sex (solely for the purposes of statistic processing). Entering any other details in the response or reaction to a job or temporary shor-term job depends on the decision of the Job Seeker concerned; the company Profesia CZ, spol. s r.o. does not require entering any other data. The company Profesia CZ, spol. s r.o. does not in any case require from Job Seekers entering data belonging to the special category of personal data defined in article 9 of the Regulation.
- The Concerned Party sends its CV with all attachments to the Client and grants its consent to the Client to the processing of their personal data for inclusion in the Client’s selection process via the Website. The selection process is not only a process for selecting a person for a published job position, but the Client's ability to process the personal data of the applicant during the period specified in the personal data processing agreement for the Client and, if contacted, for the selection procedure for another suitable job position. The consent to the processing of personal data is editable at the request of the Client; the editing of consent for the processing of personal data is subject to approval by the Operator.
Personal data in CVs and the CV Database
- Among services offered to Job Seekers belongs also the possibility to create a CV through an on-line form filled in on the Website or through a print out form sent the address of the company Profesia CZ, spol. s r.o. and make it accessible/available in the CV Database for Business partners of the Company Profesia CZ, spol. s r.o.
- CVs stored in the CV Database include data classified as Personal Data under the Regulation and the Act. Therefore, such Personal Data may only be processed with the consent of the Concerned Party. Before saving the CV the Concerned Party declares that all disclosed Personal Data is true and grants its consent to Profesia CZ, spol. s r.o. to process its Personal Data.
- The purpose of the processing of this Personal Data is to provide assistance to the Concerned Party as a Job Seeker to find a suitable job. Profesia CZ, spol. s r.o. is authorised to disclose/provide the Personal Data contained in the Concerned Person’s CV to its Business Partner based on the consent of the Concerned Party and for the purposes disclosed in the previous sentence.
- The Personal Data contained in the Concerned Party’s CV is disclosed/provided to a Business Partner over the Internet via the Website for a period of 3 months from the date of consent to such processing of their personal data. After the expiration of this period, the Personal Data contained in the CV shall not be made accessible and will remain stored in the CV Database in case the Concerned Party once again discloses/provides this data.
- After the expiration of the 3-year period since the last Job seeker's login into his/her registration created on the Website www.profesia.cz the data in the CV database will be definitely anonymised and further used only for statistic purposes. The accessibility/availibility of the CV can be terminated or renewed anytime based on the decision of the Person Concerned. On the basis of a written request of the Person Concerned Profesia CZ, spol. s r.o. is obliged to definitely remove the Personal Data.
- CVs stored in the CV Database include: at least one means of contact (email address or phone number), highest level of completed education, specification of the field and job they are interested in, the definition of a location in which they are looking for a job, the type of employment sought, and gender (exclusively for the purposes of statistical processing). A Job Seeker alone decides what other data to provide in a CV; Profesia CZ, spol. s r.o. does not require that any other information be provided. Profesia CZ, spol. s r.o. in no way requires that a Job Seeker disclose any data considered a special category of personal data as defined in Article 9 of the Regulation.
- When offering services the company Profesia CZ, spol. s r.o. and also the Client (Business Partner) have the position of the Administrator, they deal with the Concerned Party independently and in their own name. This is without prejudice to the right of the Job Seeker as the Concerned Party to exercise his rights under the Regulation or the Act with each operator and against each operator.
- The purpose of the personal data processing for the Clients is „Finding a suitable employee“. The Client is not entitled to use the personal data obtained through the Website for another purpose.
- Profesia CZ, spol. s r.o. provides through the Website the information according to Article 13 of the Regulation and § 19 of the Act to the Concerned Parties. The legal basis for the personal data processing for Profesia CZ, spol. s r.o. is the consent of the Concerned Party.
- After obtaining personal data the Client is obliged to fulfill his liability to notify the Concerned Party according to Article 14 of the Regulation and § 20 of the Act.
- Information concerning the contractual relationship between Profesia CZ, spol. s r.o. and the Client are published on the website and they are publicly accessible to Persons Concerne
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 24.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 protected]), 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 May 24th 2018