Terms and conditions

of jobno.one s.r.o. company number: 08002762, with its registered office at: Washingtonova 1599/17, Nové Město, 110 00 Praha 1, Czech Republic for the use of the Application.

1. Definitions

 Depending on the context, capitalized terms shall, individually or in plural, have the following meaning:

“Application” = an online environment operated by jobno.one for setting up and operations of Application Services. The Application is used by the Client to collect and process Job Seeker contact data and their resumés.

Job Seeker” = a physical person visiting Client web pages or providing their contact details or resumé to the Client for the purpose of finding a new job.

“Application Services” = services described at the jobno.one website.

“Price list” = a list of prices for Application and Application Services.

“Client” = a person who uses the Application to secure its commercial, business, or similar activities.

“Regulation” = Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation)

“Trial Account” = a free of charge time and volume limited Client account for the purpose of evaluating the Application services by the potential Client.

“Civil Code” = Act No. 89/2012 Sb., Civil Code of the Czech republic, as amended.

“Terms and Conditions” = these terms and conditions issued by the Operator

“Operator“ = a corporation registered as jobno.one s.r.o. company number: 08002762,
with its registered office at Washingtonova 1599/17, Nové Město, 110 00 Praha 1.

“Order”’= specification of the Application Services ordered by the Client from the Operator, and their prices and term. This includes Order for the Trial Account that can be offered by the Operator from time to time.

“Cooperation Contract” = a contract concluded between the Client and the Operator, the subject-matter of which is the Operator’s commitment to provide the Application for use under the conditions stipulated in the Order and these Terms and Conditions

“Personal Data Processing Contract” = Article 8 of these Terms and Conditions which, in accordance with Article 28 of the Regulation, regulate the relations between the Client as the Controller of personal data and the Operator, who is in the position of the Processor of personal data

“Website” = the website at the address jobno.one.

 

2. Introductory provisions

Pursuant to Section 1751 (1) of Civil Code, these Terms and Conditions regulate mutual rights and obligations arising on the basis of or in connection with the use of the Application.

Contact details of the Operator are: e-mail: info@jobno.one, contact address: jobno.one s.r.o. Bucharova 14/2641, Prague, CZ. The Operator represents that all the current data, in particular the contact details, are published on the website in the “Contact” section.

In case that any provision of the Terms and Conditions is in conflict with the concluded Cooperation Contract or the Personal Data Processing Contract, the agreement specified in the relevant Contract shall prevail.

The Operator expressly highlights that the use of the Application is charged according to the applicable Price List. The Operator notifies and the User acknowledges that the Operator is entitled to unilaterally change the prices in the Price List.

The Client acknowledges that the personal data of the job seekers are processed within the use of the Application. These data include: for example, name and surname, e-mail address, photo, telephone number, address, date of birth, career information, resumé etc. All information regarding the processing of personal data is governed by the Personal Data Protection Policy.

The Client is in the position of the Controller of personal data of the Job Seeker and the Operator is the Processor of personal data within the meaning of generally binding legal regulations. The rights and obligations related to the processing of personal data are regulated in Article 8 of the Terms and Conditions. The Client is responsible for the proper and lawful processing of the Job Seeker personal data, including the fulfilment of the information obligation and enabling the exercise of other rights.

Modification of the legal relationship between the Client and the Job Seeker, who performs certain activities within the Application or has access to the documents and information stored therein, is not covered by these Terms and Conditions. In such a case, the User is obliged to follow the Client’s instructions when accessing and working in the Application.

The Operator expressly represents, and the Client acknowledges that the Operator is not responsible for the contents or formal accuracy of the documents that the Job Seeker or Client uploads to the Application.

 

3. Rights and obligations of the Operator

The Operator undertakes to comply with these Terms and Conditions and also to ensure:

  • continuous updating of technologies necessary for the functionality and security of the Application;
  • continuous optimization of relevant parts of the Application for mobile and desktop devices, new versions of browsers and to ensure the proper functioning of the Application;
  • if agreed between the Contracting Parties, the Operator also undertakes to develop the Application on the basis of individual requirements of the Client;
  • if agreed between the Contracting Parties, the Operator undertakes to retain the Job Seeker’s data for the agreed period according to the Terms and Conditions, while ensuring confidentiality, integrity, and availability of the data for the duration of the agreed period and erasing the data after the agreed period or transferring the data to the other Contracting Party in the agreed form upon request;
  • in case of requirements of the Clients and under the conditions specified in the Price List, to enable the integration of the Application with the Client systems, provide access to the module for Application branding, and also access to the API for integration of the Application with the Client’s systems and applications;
  • monitoring the Application and its parts and monitoring the servers on which the Application is located, in particular with regard to the management of the availability and security of the Application;
  • if agreed between the Contracting Parties, the Operator undertakes to provide training for the Client to the agreed extent;
  • secure the data against a possible misuse, in particular by encrypting them and other appropriate measures.

The Operator is not liable for any damage or harm incurred by the Client as a result of the Application unavailability or reduced functionality. The Operator is also not liable for any harm incurred by the Client as a consequence of force majeure.

The Operator is entitled without prior notice:

  • to cancel or deactivate the Client Account or access data thereto at any time in case the Client violates these Terms and Conditions;
  • to limit, modify, or change the manner of operation of the Application at any time, or, after a prior notification of the Client carried out at least 90 days in advance, to completely terminate the Client access to the Application;
  • delete or restrict access to the Client Account at any time where the Client Account has been deleted in the past due to Client’s violation of the Cooperation Contract and the Client has not agreed with the Operator on the settlement;
  • delete or restrict access to the Client Account at any time where the Clien violates or incites to violate legal regulations, good manners of business competition, or if the Client damages or threatens to damage the reputation of the Operator, the Application or any of the other Clients;
  • delete or restrict access to the application services at any time if the Client is late with payments based on price list more then 30 days.

The exercise of the Operator’s rights specified in this Article shall not affect its right for compensation for damages or non-material damages incurred by the Client as a consequence of breach of the Client’s obligations under these Terms and Conditions or the applicable legal regulations.

 

4. General obligations of the Client

By accepting the Terms and Conditions, the Client undertakes to:

  • use the Application in good faith and not interfere with or harm the rights of other Clients, or Job Seekers, and not to misuse the Application for activities contrary to good manners or legal regulations;
  • use the Application only in a way that does not restrict or prevent the use of the Application by other Clients, i.e. in particular to use the Application in a way that does not overload the Application;
  • refrain from decompiling the code, attempts to disrupt the functionality or availability of the Application, obtaining and processing information from the Application in violation of the Terms and Conditions and applicable legal regulations, disclosing or transmitting the information exploitable for the above-mentioned cases to other persons or third parties, including their communication in public forums;
  • immediately inform the Operator of technical, security, legal, and other problems related to the provision of Services, if such problems are detected by the Client, and provide reasonable cooperation to the Operator in their analysis and restoration back to perfect condition;
  • not to use the Application for the presentation and dissemination of ideas that are contrary to good morals or unlawful, or incite such conduct;
  • refrain from any action that could damage the reputation of the Operator or the Application or another Client or Job Seeker;
  • not to engage in any activity leading to any breach of network security, in particular circumventing the authorization and security systems of the Application, disclosing information that is can be misused to impair the Application functionality or data, or lead to the divulsion of data contained in the Application to other persons;
  • to act in such a way that it shall not cause any harm to the Operator or other Clients and in the event that its actions cause harm to the Operator or other Clients, then to compensate such damage;
  • pay to the Operator fees according to the applicable Price List or Order, under the conditions specified below;
  • be responsible for the contents of the presented information in the Application
  • not to falsify the information in the Application in order to interfere with the billing principles of the Application;
  • to obtain at own cost licences for the use of all third-party contents presented in the Application;
  • to indemnify the Operator against any third-party claim related to the use of their contents;
  • to provide contents in a way to avoid slow loading of the Application (ie. over one second).

By accepting these Terms and Conditions, the Client acknowledges that:

  • to use the Application, it is necessary to have an Order executed and all fees due paid;
  • the services provided through the Application do not include an Internet connection and the Client is obliged to ensure this at their own expense, with the Operator not being liable for any damage caused by failures of the Client’s Internet connection;
  • in case the Client does not expressly disagree, the Operator is entitled to use the name of the Client for reference purposes, i.e., in particular to inform third parties that the Client uses the Application;
  • the Client is not entitled to any remuneration in connection with any promotion of the Application, unless otherwise agreed with the Operator;
  • the Operator enables through the Application the collection of the resumés and other documents from the Job Seekers. In no case is the Operator liable for the information contained in the imported documents;
  • the Client is responsible for ensuring compliance with the Regulation when collecting personal data through the Application, in particular for ensuring the lawfulness of personal data collection, fulfilment of information obligations towards subjects of personal data processed by the Client in the Application.

The Client is not entitled to assign the rights or obligations arising from the Terms and Conditions to any third party without the written consent of the Operator.

The Client waives the right to claim from the Operator compensation for damages incurred in connection with the use of the Application. The Operator acknowledges that in this way, it is not possible to waive the right to compensation for damage of natural rights incurred by the Clients or caused intentionally or through gross negligence.

By confirming the Terms and Conditions, the Client consents to use the Application in accordance with the rules set out in these Terms and Conditions.

The Client is entitled to terminate the use of the Application at any time with 3 months notice with the exceptions noted in these Terms and Conditions. 

 

5. Types of cooperation and method of payment

The cooperation between the Client and the Operator may take place in three ways, namely:

  • cooperation in the form of prepaid credit;
  • regular cooperation in the form of a monthly or annual subscription;
  • individual cooperation.

The cooperation in the form of the prepaid credit is carried out as follows:

  • For certain Application Services the prepaid credit for certain volume or time period of the service can be purchased. Once that credit is consumed or the tie expired the Client has to recharge the credit or time period or may choose to have the credit or time period automatically renewed. The provisioning of the Application Service may be interrupted should there be no positive credit or time period in the Client account.

Regular monthly cooperation is carried out as follows:

  • The Client has the option to choose a variant of the regular monthly or annual subscription payment. The monthly subscription is automatically renewed every calendar month. The annual subscription is automatically renewed every 365 days.
  • The Client acknowledges that the lump sum arising from the Cooperation Contract, or from the Price List, is payable one month or one year, respectively, in advance and the Client is not entitled to a refund of the entire or proportional part of the paid lump sum in the event of termination.

Individual cooperation consists of close cooperation between the Client and the Operator according to individual conditions stipulated on the basis of the Cooperation Contract.

Payments of fees due will be by a bank transfer to the designated bank account of the Operator or by credit card through an online payment gateway.

 

6. Concluding contracts and signing documents

The Cooperation Contract can be concluded by one the following methods:

  • Execution of an online order on the website of the Operator by selecting and confirming the desired service options and payment plan,
  • Electronic signature by both parties of the Order document provided by the sales department of the Operator upon Client request,
  • Physical signature by both parties of the Order document provided by the sales department of the Operator upon Client request.

 

7. Licenses and intellectual property rights to the Application

By concluding a Cooperation Contract or the Order the Client acquires the right to use the Application in accordance with these Terms and Conditions. No other intellectual property rights in the Application are acquired by the Client.

The Client acknowledges that the Application may be updated by the Operator from time to time to improve for example its functionality, performance, usability or security.

By confirming the consent to these Terms and Conditions, the Operator grants the Client a worldwide, non-transferable, and non-exclusive license to use the Application which is limited in time for the period for which the Client has paid the subscription or has unexpired credit unless otherwise agreed in the individual Cooperation Contract. The Client is not authorized to copy, modify, distribute, or sell and lease the Application, or any part thereof, and must not reverse engineer the source code or attempt to obtain it in any way.

 

8. Personal Data Processing Contract

When using the Application, the personal data of the Job Seeker are processed. In this case the Client is the Controller of the personal data and the Operator is the Processor of the personal data according to the generally binding legal regulations, in particular the Regulation. For this case, this part of the Terms and Conditions forms a Personal Data Processing Contract pursuant to Article 28 of the Regulation.

The Operator may also, as an independent Controller, process the personal data referred to in the previous paragraph for its own purposes. These include maintaining, supporting and managing the Application, ensuring functionality, stability, and development of the Application, keeping internal records and managing the database of Job Seekers, sending service and marketing communications and protecting the rights of the Operator. The Operator processes the personal data for these purposes only on the basis of a sufficient legal ground, and also fulfils other obligations arising from the generally binding legal regulations. In such a case, the related rights and obligations are described in the Personal Data Protection Policy available at the Personal Data Protection Policy

In situations where the Operator is in the position of the Processor, it processes personal data on the basis of the Client’s instructions, namely the personal data of the Job Seeker, which may be processed within the following scope: identification data (such as name, surname, date of birth, etc.), address data (address of the permanent residence, e-mail, telephone, etc.), career, education, skills and employment details, all of that for the purpose of proper performance of obligations under these Terms and Conditions.

Any processed personal data will be processed for a period of 10 years since the date of their storage or creation, or from last GDPR approval of the job seeker. Then these data will be erased, deleted or, following an agreement with the Operator, transferred to the Client or another processor. The Operator’s obligations under Article 8 of the Terms and Conditions concerning security and protection of personal data shall continue until their complete destruction or transfer to another processor or to the Client which shall be carried out upon the Client’s instruction no later than 90 days before the ten-year retention period, otherwise the Operator shall be entitled to destroy the data without further notice. The Operator shall create a record of the erasure that shall be available to the Client for the duration of the ongoing Contractual Cooperation.

In relation to personal data, the Client is also obliged to:

  • ensure that personal data are always processed in accordance with the applicable legal regulations, in particular that they are processed for legitimate purposes, on sufficient legal grounds, that such data are up-to-date, accurate and true, and that the data correspond for the given purpose of processing;
  • ensure that data subjects are informed that their personal data will be processed using the Operator’s services;
  • take appropriate measures to provide data subjects with all the information in a concise, transparent, comprehensible and easily accessible way, using clear and simple language, and to make all the notifications required by the applicable data protection legal regulations.

The Operator undertakes to:

  • process personal data only on the basis of the Client’s instructions, to the extent of the performance specified in these Terms and Conditions;
  • ensure that its employees process personal data only under the conditions and to the extent corresponding to these Terms and Conditions, with personal data being accessible only to the employees who are bound by the confidentiality obligation and who are duly informed of their obligations within the processing of personal data;
  • ensure that automated personal data processing systems are used only by authorized persons who shall only have access to personal data corresponding to the authorization of those persons, on the basis of special user authorizations established exclusively for those persons;
  • the Client agrees that for the processing necessary for the operation of the Application, the Operator may use the services of other processors specified in the list available on the Operator’s website as of the date of acceptance of these Terms and Conditions. The Operator undertakes to conclude applicable contracts with the other processors and to take other necessary measures in order to maintain the level of security of personal data in accordance with these Terms and Conditions;
  • list of other processors is available online on the Operator’s website; the User agrees that the Operator may involve other processors in the processing of personal data according to its decision. The Operator shall propose the addition or change of another supplier by listing it on its website in the list of suppliers, and clearly identifies it as a future supplier and indicates the date of the intended start of processing. It shall do so at least 2 months prior to the date of involvement of this other processor. Subsequently, the Client may, within 1 month, express substantiated objections to the involvement of the other specific supplier;
  • not to transfer any personal data to any third country or international organization without a decision on adequate level of protection in accordance with Article 45 of the Regulation, or on the basis of appropriate safeguards under Article 46 of the Regulation;
  • inform the User without undue delay of any case of loss or leakage of the Client’s personal data, unauthorized manipulation or other breach of the security of the Client’s personal data which may pose a risk to the Client’s rights and freedoms that is not insignificant. Even after providing the information to the User, the processor is obliged to assist to a reasonable extent in resolving the Personal Data Security Breach;
  • provide the Client with all the reasonably available information necessary to prove that the obligations for the processing of personal data pursuant to these Terms and Conditions and pursuant to the generally binding legal regulations have been fulfilled;
  • in the event that any Data Subject addresses the Operator in order to exercise the right pursuant to Article 15-22 of the Regulation or to withdraw the consent to processing granted to the Client, immediately forward such request to the Client, and provide further reasonable cooperation in order to ensure exercising the data subject’s right;
  • if, for the use of the Application, the User shall carry out an impact assessment on the protection of personal data pursuant to Article 35 of the Regulation, or carry out a prior consultation with the Office for Personal Data Protection, provide him/her with the appropriate and commercially reasonable cooperation.

Both the Client and the Operator undertake to:

  • implement technical, organizational, personal, and other appropriate measures to ensure and be able to demonstrate at any time that the processing of personal data is carried out in accordance with the applicable legal regulations so that no unauthorized or accidental access to personal data and to the data carriers which contain these data, their alteration, destruction or loss, unauthorized transfers, their other unauthorized processing, as well as other misuse, may occur, and revise and update these measures as necessary;
  • inform each other of all the circumstances that are significant for the fulfilment of obligations pursuant to Article 8 of the Terms and Conditions;
  • maintain confidentiality of the personal data and of the security measures, the disclosure of which would jeopardize the security of the personal data, even after the termination of the Cooperation Contract.

 

9. Final Provisions

The Operator may unilaterally change or supplement the wording of these Terms and Conditions from time to time. The Client shall be informed of such a change in advance by e-mail or via a notification in the Application. This provision shall not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions. The User agrees with the current wording of the Terms and Conditions by using the Application after the change of the Terms and Conditions of which the User has been informed.

In case the Client disagrees with any of the provisions of these Terms and Conditions, he has the right to contact the Operator and present their counter-proposal. If the Client and the Operator enter into a separate contract, such contract shall prevail over these Terms and Conditions.

Any disputes between the Operator and the Client may also be settled by out-of-court resolution. In the event that the User intends to proceed in this way, the Client who is a consumer is entitled to contact the entity providing the alternative dispute resolution, such as the Czech Trade Inspection Authority, or resolve the dispute online via a dedicated ODR platform.

Liability for obvious or latent defects in the Application may be claimed against the Operator under the conditions stipulated by the Civil Code.

The Client undertakes to regularly check the Terms and Conditions and get acquainted with their wording.

In the event of invalidity or ineffectiveness of any provision of these Terms and Conditions, such fact shall not affect the validity and effectiveness of the other provisions of the Terms and Conditions.

If the Client fails to agree with these Terms and Conditions and fails to stipulate an individual contract with the Operator, he is not allowed to use the Application.

If the relationship related to the use of the Application contains an international (foreign) element, then the Client and the Operator agree that the relationship shall be governed by the legal regulations of the Czech Republic.

These Terms and Conditions take effect on 1 April 2021.