Regulations of Using the Emplocity Site

PREAMBLE

These "Regulations of using the Emplocity.pl site” (hereinafter „Regulations”) specify the terms and conditions of using the Emplocity.pl site. The Regulations specify the rules, rights and duties of persons using the Emplocity.pl site. These regulations indicate also rights and obligations on the part of Emplocity.pl connected with the provision of electronic services and also the scope of obligations connected with the provision of the earlier mentioned services.

It is necessary to get acquainted with the Regulations and Privacy Policy to start using the Emplocity.pl site. The acceptance of these Regulations and the Privacy Policy means getting acquainted with their content and obligation to obey the rules contained in the same.

The provisions of these Regulations constitute the content of the agreement concluded at the moment of its acceptance before starting the use of the Emplocity.pl site.

I. ABOUT EMPLOCITY.PL

Emplocity.pl is an Internet site, which helps to find the job of dreams. Emplocity.pl by a conversation via Chatbot creates profiles of potential candidates. Gathered information is adjusted to job offers provided by employees.

If the site finds a candidate, who suits the requirements of the employer, it sends them information about it. If a Candidate expresses his or her interest, the site presents him or her a job offer with the Employer's Presentation and information about the position and offered remuneration. After the candidate's explicit consent, the site reveals his or her profile with contact data, to a given employer. From this moment the recruitment process is on the part of the employer and a Candidate may expect an invitation from the employer.

The candidates use the Site free of charge and the participation in the process via Chatbot does not result in a creation of any legal relationships between a Candidate and the potential employer.

II. DEFINITIONS

  • Site Administrator – Emplocity Sp. z o. o. seated in Warsaw, address: ul. Ogrodowa 31/35, 00-893 Warszawa
  • ChatBot – Site functionality, with which the Candidate, during an interactive conversation with an intelligent computer software, provides data connected with a participation in the recruitment process, which are later transformed automatically into a Candidate Profile. ChatBot may also be implemented on the Employer's Web Page. Conversation with the Bot requires the use of Messenger application.
  • Emplocity.pl / Service Provider – Emplocity Sp. z o. o. seated in Warsaw, address: ul. Ogrodowa 31/35, postal code 00-893 Warsaw, registered in the register of entrepreneurs run by the District Court for the capital city of Warsaw, XII Commercial Department of the National Court Register under No. KRS 0000470252, with the tax identification number NIP 522 30075 85, No.: REGON 146788578, share capital 13.750,00 PLN.
  • Candidate / Customer – adult natural person interested in the recruitment process to find Employment.
  • Privacy Policy – document containing a set of information addressed do Candidates to inform them which personal data are gathered and processed in connection with the use of the Site.
  • Employer  – natural person, legal person or organizational unit, which is not a legal person, having legal ability based on the law and which is an object of rights and obligations serving the employer or the client, which means that he is entitled to employ natural persons for a remuneration based on an employment agreement or an order to do particular works for a remuneration based on a civil law agreement.
  • Profile – Serwis
  • Site – means the Emplocity.pl site located at www.emplocity.pl, including the recruitment Chatbot implemented at the site and on Internet websites of employers.
  • Agreement  – agreement for providing services by Emplocity.pl on behalf of the Candidate, electronically, concluded by the commencement of conversation with the Chatbot after an earlier acceptance of the Regulations and getting acquainted with the Privacy Policy.
  • Services  – all services provided electronically by the Service Provider for Clients based on these Regulations.
  • Employer's Profile – description of an Employer containing a set of information about the Employer, including identification data and materials created by the Service Provider and all additional information promoting a given Employer.
  • Invitation to the recruitment process – invitation to the recruitment process, addressed by the Employer to any Candidate via the Site. Invitations are not binding and do not constitute a binding obligation of employment.
  • Employment – for the needs of these Regulations Employment means all kinds of legal relationship concluded between the Employee and the Employer, including among others, all civil law agreements, B2B type agreements etc. all term contracts or probation period agreements.
  • Site Resources – mean materials provided in the framework of the Site, based on rules and in the scope specified in these Regulations, containing in particular information and offers of employers and the Chatbot function.

III. RULES OF PARTICIPATION IN THE SITE - CONCLUDING AGREEMENT (PROFILE) AND AGREEMENT TERMINATION

  1. Agreement of providing services is entered into on the moment of commencement of using the services rendered by the Service Provider in the framework of the Site. Commencement of the use of Services starts on the moment of commencement of a conversation with the Chatbot by a Candidate after an earlier consent for personal data processing based on rules described in the Privacy Policy, acceptance of the Regulations and Privacy Policy. The use of the Site is free of charge.
  2. The Candidate, before providing personal data, which serve to fill in the registration form automatically, grants a consent for the data processing in relation with the purpose of the concluded agreement on terms and conditions specified in the Privacy Policy, with a reservation that the consent is necessary to start the use of the Site services. The Candidate, by confirming that he got acquainted with the regulations and expressing the willingness to use the Site services declares that he or she:
    1. is adult;
    2. is authorized to conclude an agreement for the provision of services electronically;
    3. provides data, which do not infringe in any way any rights of third parties and are in accordance with the actual status;
    4. got acquainted with the Regulations and commits to obey them;
    5. got acquainted or was able to get acquainted with the Privacy Policy and is aware of rights, which serve to him or her in relation with the processing of his or her personal data by Emplocity.pl;
  3. The transparency of the Candidate's data is excluded, which results from the nature of the Site. After a Candidate grants his or her consent, the Employers have access only to an anonymous Profile of a Candidate - information concerning education, professional experience, additional courses etc., without the option to see the photo, personal data, contact data or any other data, which would allow to identify a Candidate without his knowledge and consent. The Employer receives the Candidate's generated profile containing personal and contact data, only after the person, whose the data concern grant their consent to receive an Invitation to the recruitment process. The Employer, on the moment of receiving the Candidate's personal data contained in the generated Profile, becomes their administrator and processes them on his own account and on his own liability.
  4. The Candidate, in the scope of personal data provided by him or her, is entitled to: claim from the administrator the access to personal data, their adjustment, removal or limitation of processing or to objection against the processing as well as to transfer the data and withdraw the consent at any time, without the influence on the legality of the processing, which was made based on the consent before its withdrawal, if the processing is based on the consent for the processing of ordinary data (art. 6 sec. 1 letter a) GDPR) or a particular category (art. 9 sec. 2 letter a) GDPR).

    In such a case, if the Candidate's data were provided also to the Employer, the Service Provider immediately provides to the Employer the Candidate's requirement in the scope of the use of his or her rights. The Employer is obliged to review the Candidate's requirements immediately in accordance with regulations binding in this scope.

  5. The Service Provider creates a Profile for a Candidate in the framework of the Site. In the event of a change of an e-mail address, a Candidate should notify the Service Provider about the change.
  6. Correspondence between the Service Provider and a Candidate via electronic mail is carried out only after obtaining the Candidate's earlier consent.
  7. A Candidate should update the given contact data on a regular basis to keep the appropriate course of cooperation with the Service Provider.
  8. A Candidate may have only one Profile on the Site. In case of detecting the fact of having a bigger number of Profiles by one Candidate, the Site Administrator calls a Candidate to delete additional Profiles, and after an ineffective call he deletes such a Candidate's profiles himself within 7 days as of the call.
  9. To ensure the correctness of provision of services, a Candidate is obliged to provide correct data and information about himself and to update it regularly.
  10. The Site Administrator reserves the right to delete the Profile, if he states that the data given by a Candidate are not true.
  11. If the Administrator recognizes that the information given by a Candidate is incomplete, not true and disable cooperation, he shall call a Candidate to change or supplement the data in the assigned time. If a Candidate does not do these activities to enable further completion of the Agreement, the Site Administrator shall be authorized to terminate the Agreement and delete the Profile.
  12. The Service Provider may refuse to create a Profile of a certain name if it is already used in the framework of the Site and if he receives reasonable information that it is against the law, good customs or interests of the Service Provider.
  13. The Agreement is entered into for the time of using the Emplocity.pl site.
  14. A Candidate is in particular obliged to:
    1. abstain from any actions, which might impede the functioning of the Site or make it difficult;
    2. abstain from any actions, which are against the law and which infringe the privacy of other persons or Candidates.
  15. A Candidate is entitled to use the Services via the Site at any time and to edit the introduced data.
  16. A Candidate may terminate the Agreement for the provision of services electronically, without giving reasons and in an immediate mode, and the Service Provider may terminate the Agreement for reasons on the part of a Candidate in the event of a claim that a Candidate infringes the provisions of the Regulations.
  17. The Service Provider terminates the Agreement be deleting the Candidate's Profile in the Site. The Service Provider will advise a Candidate about the intention to delete the Profile, with a reservation of 14-days period, in which a Candidate will be able to refer to the issue. After the lapse of 14 days as of notifying the Candidate, the Profile will be deleted.
  18. A Candidate may terminate the Agreement by reporting a claim to "delete the Account".

IV. USE OF THE SITE

  1. A Candidate obtains access to the Site after the acceptance of regulations and granting a consent for personal data processing for purposes indispensable to complete the agreement in accordance with the rules described in the Privacy Policy.
  2. The method of data processing and the rights serving a Candidate are described in the Privacy Policy.
  3. The Site may refuse the creation of a Profile in case if there is no objective verification of the above information (for example giving insufficient information necessary to create the Candidate's Profile used in the process of matching to Employers' offers).
  4. The Candidate, by the Service, obtains the possibility to enter the market of Employers, and becomes, prior to an earlier granting of a consent, a receiver of invitation to the recruitment process.
  5. Invitations to take part in the recruitment process addressed to a Candidate by the Employer do not constitute an offer, acceptance or binding agreement. At the end of the process of filing an Invitation to the recruitment process, a Candidate may chose with which Employer he or she wants to contact or decide that he or she does not want to contact with any.
  6. The use of the Site is free of charge for Candidates.

V. PERSONAL DATA PROTECTION

  1. All information concerning rules and processing of Candidates' data are contained in the Privacy Policy.

VI. RULES OF PROVIDING SERVICES

  1. Technical requirements:
    1. connection with the Internet network;
    2. Internet browser enabling the displaying of documents in HTML, HTML 5.0 javascript and PDF;
    3. access to Messenger application and an active Facebook account.
  2. The Service Provider reserves the right to:
    1. temporary cessation of the provision of Services due to maintenance activities or activities connected with the site modification;
    2. modification of services, tools and method of the Site activity;
    3. cessation of activity or transfer of rights to other entities and undertaking other activities permitted by law, connected with the Site, with a reservation that in case of processing Candidates' data, Emplocity.pl will inform them about such plans and will ask for granting a consent to provide Candidates' data to other entities with an indication which entities are concerned;
    4. deleting Profiles, which have contents, which do not correspond to the concluded Agreement, illegal, offensive, not true, inconsistent with commonly binding law in Poland, promoting violence, immoral or infringing good practices;
    5. deleting Accounts and blocking access to resources of users in case if erotic, pornographic contents appear or contents with illegal software or information about obtaining them, as well as other contents against the law or good practices.
  3. It is forbidden to copy, distribute and disclose any parts of the Site in any way, among others by automatic or non-automatic "scraping".
  4. It is forbidden to sell, transfer or move one's right to use the Site to any third party.

VII. RIGHTS AND DUTIES OF THE SERVICES PROVIDER

  1. With a reservation of Chapter VII, sec. 2 letter a) of the Regulations, the Service Provider commits to a constant and uninterrupted provision of Services.
  2. The Service Provider reserves the right to delete the Profile, if a given User already had a Profile on the Site and it was removed by the Administrator for reasons indicated in Chapter III.
  3. The Service Provider, in the framework of the Site provides to Employers a place and software tools to enable them finding Candidates and contact them.
  4. The Service Provider is not a party of contracts concluded between a Candidate and an Employer.

VIII. RESPONSIBILITY OF THE PARTIES

  1. Every of the Parties of the Agreement is obliged to repair losses, which the other party suffered due to infringement of the Regulations, provided that a failure to do them or inappropriate performance was a consequence of circumstances, for which no party is liable.
  2. The Service Provider shall not be liable for:
    1. damages caused to third parties, which occurred in effect of the use of Services by Candidates in a way, which is against the Regulations or provisions of law;
    2. content of private messages sent by entities, which use the services of the Site and the content published by them, which infringe the rights or benefits of third parties;
    3. loss of data by the User, caused by external factors on the part of the Service Provider or force majeure or caused by other circumstances, which do not depend on the Service Providers, for which he is not liable;
    4. damages, which resulted from lack of continuity of provision of Services, which are the consequence of circumstances, for which the Service Provider does not bear responsibility (force majeure, actions and omissions of third parties etc.).
  3. Emplocity.pl does not guarantee the proper functioning of the Site in the scope, in which it does not depend on it, such as actions of the ChatBot on the part of the Employer, proper working of the Messenger application (in particular in the scope of changes of activity and availability of the Messenger application and Facebook service) etc.
  4. Emplocity.pl does not bear liability for possible changes in the rules of functioning, regulations and policies of independents sites (such as Facebook, Messenger application) etc.
  5. The Service Provider reserves the right to adopt all actions within the boundaries of binding provisions of law, which he recognizes as appropriate, to prevent all infringements, to enforce all provisions or repair all infringements of these Regulations, Privacy Policy or any binding provisions of law.

IX. COMPLAINTS

  1. The users of the Site are entitled to make complaints in relation with the functioning of the Site by making a report at the following e-mail address: [email protected] . Correctly filed complaint should contain at least four data:
    1. marking of the User (name, surname, or e-mail address);
    2. marking of the Site, the actions of which are subject to the Complaint and possible indication of the Employer's Internet website, at which a ChatBot was implemented;
    3. subject of the complaint;
    4. justification of the complaint;
  2. The date of the complaint is the date of delivering it to Emplocity.pl.
  3. The Service Provider shall take due care to review the complaints at the latest within 14 days as of receiving them.
  4. The Service Provider shall advise the User about the review of the complaint by sending an e-mail to the address given in the complaint.

X. COPYRIGHTS AND RELATED RIGHTS

The Site design with all texts, scripts, graphics, interactive elements and trademarks, service marks contained in the Site and all software, enforceable code and interfaces contained in the Site or available by it, are subject to protection based on commonly binding provisions of law. The Service Provider reserves the right to the Site and the Web Page. Using, copying or distributing any content included in the Site without the consent and knowledge of the Service Provider is against the law, in case of recognizing such an infringement the Service Provider will claim his rights at court.

XI. FINAL RESOLUTIONS

  1. These Regulations enter into force as of 1 May 2018.
  2. The Service Provider is entitled to introduce amendments in the Regulations. Amendments in the Regulations enter into force after the lapse of 14 days as of loading the amended Regulations in the portal. Information about amendments will be sent to the User to his e-mail address or via ChatBot. In such a case the User is entitled to terminate the Agreement for the provision of services within 24 hours as of obtaining information about the amendment of Regulations at their Profile. After the lapse of the date it is assumed that the User accepted the changes in the Regulations.
  3. In all matters not regulated in the Regulations the provisions of the Law of 18 July 2002 shall apply on the Provision of Electronic Services on providing services electronically (J. of Laws of 2002 No. 144, item 1204 with further Amendments), the law of 4 February 1994 on Copyrights and Related Rights (J. of Laws of 2017 item 880) of the Law of 23 April 1964 - Civil Code (J. of Laws of 2017 item 459 with further amendments), the Disposition of the European Parliament and Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons in relation with personal data processing and on a free flow of such data and quashing directive 95/46/EC (general disposition on data protection) and other commonly binding provisions of law.
  4. Reviewing possible disputes, which have occurred between Emplocity.pl and the user of the Site, who is a Consumer pursuant to u art. 22(1) of the Law of 23 April 1964. Civil Code (J. of Laws No. 16, item 93, with amendments.). is subject to competent courts in accordance with the provision of competent laws of Civil Code.