General Terms and Conditions (GTC)

We have updated our Terms of Use/General Terms and Conditions. Our new Terms of Use/General Terms and Conditions will come into effect within six (6) weeks of today’s date. This does not apply if you object to the new privacy policy by email to the following email address info@jobcloud.ch within four (4) weeks of today’s date. If you object to the new Terms of Use/General Terms and Conditions by email within this period, JobCloud has the option to either pursue the contractual relationship with continued validity of the old Terms of Use/General Terms and Conditions or to terminate the contract.
 
For job seekers who registered on May 28 or later on one of our portals and for employers and recruiters who cooperate with JobCloud for the first time from May 28, the new Terms of Use respectively the new General Terms and Conditions apply with immediate effect. 


GENERAL TERMS AND CONDITIONS FOR EMPLOYERS AND RECRUITERS

 

1. SCOPE OF APPLICATION

JobCloud AG, Carmenstrasse 28, 8032 Zürich (hereinafter “JobCloud”) offers various solutions for job searching and career planning. These General Terms and Conditions (hereinafter “GTC”) apply to all products and services offered to employers, recruitment agencies and other business customers of JobCloud (hereinafter also referred to as “Advertisers” or “you”). Thank you for choosing us.

These GTC apply regardless of whether Advertisers use the JobCloud products and services via a website (e.g. jobs.ch, jobup.ch, jobscout24.ch, jobcloud.ch, jobcloud.ai, applifly.ch, hereinafter referred to as “Platforms”), mobile applications (hereinafter “Apps”), telephone or otherwise.
These GTC do not apply to jobseekers. For this group our terms of use for jobseekers apply.

2. USING OUR PRODUCTS AND SERVICES

2.1 REGISTRATION OF A JOBCLOUD-ACCOUNT

In order to be able to use our products and services, you must open an account on one of our Platforms (hereinafter the “JobCloud Account”). For this we require business details (esp. business name, address and where appropriate invoicing address, telephone number, branch, number of employees) and details of a contact person (esp. name, email address and telephone number). On confirmation of registration, first product purchase or first use of a service we will create an account using your details. On finishing registration, we will send you a confirmatory email with your customer number, user name and password.
We shall be pleased to open an account for you if you ask us to do so by telephone using one of the telephone numbers given on our Platforms.

2.2 CHARGEABLE PRODUCTS AND SERVICES

The Advertiser selects the products and services offered by JobCloud from the range of services on offer at the time of use. The current range of services and applicable prices result from the product-specific business terms (where applicable) or the JobCloud Platforms.

2.3 COMPLIMENTARY SERVICES

JobCloud also offers Advertisers the option of using the following services via their respective JobCloud Account free of charge:

  • Adverts: Using the JobCloud Account the Advertiser enters, publishes and manages advertisements. In addition, the Advertiser can create and upload templates.
  • Applications: The Advertiser can collect applications in its JobCloud Account and manage them using the JobCloud Applicant Tracking System (ATS). It is possible to send messages to applicants and to manage the application process. The Advertiser can create and edit templates to organize communications with the applicants efficiently. If the Advertiser uses the JobCloud ATS, a data processing relationship between the Advertiser and JobCloud comes into existence. These general terms and conditions and the privacy policy of JobCloud apply to this data processing relationship.
  • Company Profile: JobCloud has developed a tool that allows Advertisers to visualize their business culture and thus showcase the business optimally to the public. Advertisers have the option of creating a Company Profile and uploading a business video and publishing it on the JobCloud Platforms.
  • User: The Advertiser has the option of managing the circle of users granted access to the Advertiser‘s JobCloud Account via its JobCloud Account and to appoint an administrator.
  • Logos: In its JobCloud Account the Advertiser can upload and manage business logos and where applicable advertisement logos.
  • “Apply With” Function: The Advertiser has the possibility to integrate the so called “Apply with” function into its own job portal. With this function, job applicants can apply for a job with their JobCloud profile directly through the website of the employer. JobCloud provides the Advertiser with specific information (java script library etc.) at no cost for the technical integration of the “Apply with” Function of the employer’s own ATS. Advertisers integrate the “Apply with” function at their own risk and cost. JobCloud does not take over any responsibility for this service and does not bear any costs. All rights to the “Apply with” function remain with JobCloud.
    JobCloud reserves the right at any time to add new services and/or products and to change or completely or partially discontinue existing services and/or products.

2.4 PERMITTED USAGE

Adverts must be displayed in the name of and using the layout of the Advertiser and include names and contact details of the contact person. Each and any transmission or transfer of advertising space or publications to third parties without the prior agreement of JobCloud is prohibited. The Advertiser bears sole responsibility for the content of its adverts and profile. The Advertiser shall ensure the accuracy and timeliness of the information contained in the ads.
Only job adverts or profiles that target a certain class of candidates or jobseekers and satisfy all legal requirements may be published on the JobCloud Platforms . Job adverts or profiles may not infringe any intellectual property rights of third parties, personal rights or other rights of third parties. The Advertiser undertakes not to publish on JobCloud any unlawful content, in particular content of a racist or pornographic character or which infringes the rights of a natural person. In particular, the following content is not permitted:

  • indecent or offensive job offers or profiles;
  • several job vacancies or profiles summarized in one publication;
  • job vacancies with false or inadequate job title or advert content;
  • job vacancies for multi-level marketing, snowball systems, home-based work, gift circles etc.;
  • job vacancies with erotic content or for escort services;
  • mystery shopping opportunities;
  • advanced training and learning opportunities;
  • job vacancies that refer to opportunities for other positions or to communication or other products;

Job vacancies with insufficient identity/address information, merely postal addresses (the exception is a numbered listing (anonymous) via JobCloud).Each published job vacancy must relate to an actual position to be filled. The Advertiser undertakes to display a job vacancy again only when a new position is to be filled. JobCloud reserves the right to remove from its offering adverts or profiles that do not satisfy these requirements in full, without giving advance warning and reasons. Payments already made shall not be reimbursed in this event. In addition, JobCloud reserves the right to block the Advertiser or their access to further JobCloud services and to terminate the underlying contract.

3. ERASURE OF APPLICATION DOSSIERS

The Advertiser is obliged to erase all application dossiers received from JobCloud promptly upon conclusion of the application process. If the Applicant would like to save an application dossier for a longer period, e.g. for future job offerings, he/she has to obtain the relevant job applicant’s consent.

4. PAYMENT TERMS

The Advertiser‘s obligation to pay for chargeable services and products begins with the conclusion of the contract for the use of the product or service (e.g. purchase of an advert package). JobCloud invoices must be paid within 30 days after receipt of the invoice without deductions, save where alternative payment terms have been expressly agreed. In the event of default of payment interest on arrears at 5% will be invoiced and in addition from the second reminder a cost-covering reminder fee . If the Advertiser defaults payment of invoices JobCloud may also suspend the services without advance notice and block the Advertisers or their access to further JobCloud services. If staggered payment has been agreed and if the Advertiser defaults in payment of an instalment all remaining instalments shall fall due immediately.

5. USE OF DATA BY JOBCLOUD AND DATA PROTECTION

The protection of personal data is important to JobCloud. Therefore, JobCloud handles the personal data of Advertisers at all times with the greatest care and in accordance with the applicable data protection regulations. You can find further information concerning the use of personal data in JobCloud‘s privacy policy on the Platforms or the Apps.
The Advertisers grant JobCloud the unlimited right to use and dispose of the data passed to JobCloud in anonymized form.

6. COMPANY / EMPLOYER REVIEWS

Jobseekers have the option of reviewing Advertisers in their role as employers on the employer review Platform. When doing so the following rules must be complied with:

  • Only those employers may be reviewed for whom the jobseeker works or has worked or to whom he/she has applied and been invited for interview.
  • All details of employer and place of work must be complete and correct; no untrue allegations of fact concerning employers, their employees or other circumstances concerning the respective employer may be made.
  • Any identification of natural persons or details that enable a natural person to be identified (with the exception of oneself) must be omitted.
  • The jobseeker may not link the details supplied by him/her to external content.

If an employer review exceeds the scope of permissible free expression (e.g. in the case of abusive criticism), JobCloud shall erase this employer review without delay or edit the employer review by amendment or deletion of the unlawful content or require the jobseeker to make appropriate amendments to the employer review. The Advertiser may comment on reviews at any time. Subject to legal claims the advertiser shall have no right to the erasure or amendment of employer reviews by JobCloud.

7. INTELLECTUAL PROPERTY

All proprietary and intellectual property rights in the websites, Platforms and Apps of JobCloud, in particular copyrights and rights in trademarks, designs and know-how remain in the ownership of JobCloud.
JobCloud grants the Advertisers a non-exclusive, non-transferable right to use the Platform, Apps andproducts and services offered by JobCloud in accordance with these GTC.

8. NO GUARANTEES

JobCloud gives no guarantees in relation to its Platforms, Apps or other products and services offered by JobCloud. JobCloud does in particular not guarantee
– the timeliness, accuracy, completeness or suitability of content for a specific purpose;
– that the published job vacancies will be read or answered or lead to a successful job placement; and
– the uninterrupted or disruption-free availability of its services.
JobCloud carries out regular backups. Notwithstanding this data losses cannot be completely excluded.

9. LIABILITY

JobCloud shall be liable only for damage caused intentionally or through gross negligence.

10. DURATION OF CONTRACT AND TERMINATION

With the execution of a collaboration agreement, with the registration of a JobCloud Account, or with the first use of a service offered by JobCloud by the Advertiser (whichever is earlier), a contract between JobCloud and the Advertiser comes into existence. This contract remains in force for an undefined term.
The Advertiser may terminate the contract with JobCloud at any time by letter to JobCloud AG, Carmenstrasse 28, 8032 Zurich or by email to info@jobcloud.ch and require JobCloud to delete the relevant JobCloud Account. In this event and without delay JobCloud shall delete the JobCloud Account and all data of the Advertiser to the extent that data is not needed to close the contractual relationship, to make or enforce claims and JobCloud does not have a legal obligation to retain the data. You may find further details on erasure in our privacy policy.
JobCloud may also terminate the contract with the Advertisers at any time without providing reasons by letter or email.
If the contract is terminated by the Advertiser or JobCloud during an ongoing chargeable provision of service, the contract shall end with the completed provision of the products or services used by the Advertiser via JobCloud and payment in full of the fee by the Advertiser to JobCloud. Notwithstanding this provision the Advertiser may require the early deletion of job vacancies, profiles or data; however, in this event the Advertiser must pay the full fee and shall have no right to reimbursement of fees already paid. The same shall apply to deletions or blockings undertaken by JobCloud in relation to these GTC or other contractual components. JobCloud has no obligation following termination of the contract to retain data and documents supplied to it or to return such to the Advertisers, save where retention or return have been expressly provided for or there exists a legal obligation to retain.

11. CHANGES TO THESE GTC

JobCloud shall inform the Advertisers in text form of changes to these terms and conditions at least six (6) weeks before their planned coming into effect. The Advertiser may object in text form to changes at the latest two (2) weeks before their planned coming into effect. If the Advertiser does not object or does not do so in due time in text form, then the agreement of the Advertiser to the change shall be deemed to have been given and the new provision shall come into effect in relation to the Advertisers’ claims at the planned date. If the Advertiser objects in time, then JobCloud has the option of continuing the contractual relationship affected by the change with the Advertiser subject to the old GTC or terminating it at the date of the coming into effect of the planned change. JobCloud shall advise the Advertiser in the notice of change specifically of JobCloud‘s right to terminate, the objection period applicable to the Advertiser and the consequences of an objection.

12. RELATIONSHIP WITH OTHER CONTRACTUAL ELEMENTS

Integral components of the contract are (to the extent they are available or applicable in the specific case) (i) the written cooperation agreement concluded between JobCloud and the Advertiser, (ii) the written offers specific to the Advertiser, (iii) the written order confirmation of JobCloud, (iv) these GTC, (v) product-related business terms and (vi) the product or service description applicable and published on the JobCloud Platform at the time of use of a product or service. In the event of ambiguities or contradictions between the individual contractual documents the aforesaid hierarchy of documents shall apply. Data protection shall apply to the current version of the privacy policy published on the respective JobCloud Platform.

13. APPLICABLE LAW AND JURISDICTION
Exclusively Swiss law shall apply to these GTC and to all disputes arising from or in connection with these GTC between JobCloud and the Advertisers. Exclusive place of jurisdiction is Zürich.

Zürich, May 2018

Previous version: https://www.jobcloud.ch/c/en/general-terms-and-conditions/old

 


 

TERMS OF USE FOR JOB SEEKERS

1. SCOPE

JobCloud AG, Carmenstrasse 28, 8032 Zürich (hereinafter “JobCloud”) offers various solutions for job searching and career planning. These terms of use apply to all products and services offered by JobCloud for jobseekers (hereinafter also termed “Users”). Thank you for choosing us.
These terms of use apply regardless whether Users themselves usethe products and services offered by JobCloud on our various websites (e.g. jobs.ch, jobup.ch, jobscout24.ch, hereinafter “Platforms”), on mobile applications (hereinafter called “Apps”) or in other ways.
These terms of use do not apply to employers and recruitment agencies. The General Terms and Conditions apply to employers and recruitment agencies.

2. PRODUCTS AND SERVICES

2.1 REGISTRATION OF A JOBCLOUD ACCOUNT

Each User has the option of registering him/herself for a free account on our Platforms (hereinafter the “JobCloud Account”). It is necessary to provide your name and valid email address for this. On clicking the “register” button, the User sends a request for creation of a JobCloud Account to JobCloud. JobCloud checks the request and creates the JobCloud Account. Check your email address as JobCloud sends you a confirmation link. On the creation of the JobCloud Account by JobCloud a contractual relationship comes into being between the User and JobCloud.
Following the creation of the JobCloud Account the User can input additional data in his/her JobCloud Account and use the products and services offered by JobCloud for registered Users.

2.2 USE OF SERVICES WITH THE JOBCLOUD ACCOUNT

The following services, among others, are available free of charge to registered Users:

  • Profile: Users may create a profile by inputting personal data (e.g. address, education, interests etc.) and uploading documents.
  • One Click Application: Users may apply for jobs using their profile. JobCloud uses the data supplied to complete certain fields of the application form automatically. In addition, the User may use the documents supplied in his/her profile for the application.
  • Job Alert / JobMailer: Users may store a job search on their JobCloud Account and receive suitable vacancies regularly by email.
  • Favorites: Users may store job vacancies and then access the stored job vacancies via their JobCloud Account.
  • CV Cloud / Base CV: If a User makes his/her profile visible, it will be partially visible to potential employers and recruitment agencies. The User can change this setting at any time.
  • Talent Check: Using a questionnaire JobCloud analyses the User’s strengths.
  • Salary Check: Users may carry out a pay comparison that among other things provides details of the average annual pay (gross) of other persons in similar positions.
  • “Apply with” function: The “Apply with” function enables the User to apply him/herself for jobs directly on the website of an employer that uses this function. For this purpose, the User sends by means of the “Apply with” function his/her CV and application details to JobCloud and requests and authorizes JobCloud to make these details available to employers in relation to the selected job advertisement. Job seekers are solely responsible for the content and format of their CV and application data.
  • Job Coach Newsletter: Users receive newsletters on the topics of job search and applications. The newsletters can be unsubscribed from at any time; a corresponding function to unsubscribe from the newsletter is contained in every newsletter.
  • Candidate Care: JobCloud contacts the User by phone or email to suggest interesting job offerings to him/her corresponding to his/her previous search behavior or to support him/her in his/her career planning. The User can change this setting at any time.

JobCloud reserves the right at any time to add new services and to change or completely or partially discontinue existing services.

2.3 USE OF SERVICES WITHOUT A JOBCLOUD ACCOUNT

Users without a JobCloud Account may use all services that are available on the JobCloud website or by App without registering. In particular, non-registered Users can search for job advertisements and apply for vacancies.
JobCloud reserves the right at any time to add new services and to change or completely or partially discontinue existing services.

3. USE OF DATA BY JOBCLOUD AND DATA PROTECTION

The protection of personal data is important to JobCloud. Therefore, JobCloud handles the personal data of Users at all times with the greatest care and in accordance with the applicable data protection regulations. JobCloud uses personal data among other things to provide services that the User can makes use of. In addition, JobCloud uses personal data with the help of a statistical model to optimize the job search and job recommendations for the Users of its Platforms (“Job Matching”). For this purpose, JobCloud evaluates the data (including data from uploaded documents) that Users pass to JobCloud and the usage behavior of the User on the JobCloud Platforms. You will find more detailed information on use of personal data in JobCloud’s privacy policy.
The Users also grant to JobCloud the unlimited right to use and dispose of in anonymized form the data passed to JobCloud.

4. COMPANY / EMPLOYER REVIEWS

Users have the option of reviewing employers on the company review platform. When doing so the following rules must be complied with:

  • Only those employers may be reviewed for whom the User works or has worked or to whom he/she has applied and by whom he/she has been invited for an interview.
  • All details of employer and place of work must be complete and correct; no untrue allegations of facts concerning employers, their employees or other circumstances concerning the respective employer may be made.
  • Any identification of natural persons or details that enable a natural person to be identified (with the exception of oneself) must be omitted.
  • The User may not link the details supplied by him/her to external content.

The User agrees that his/her employer reviews can be edited or abbreviated by JobCloud and may be moved within JobCloud‘s website to other sections or topics. In addition, the User acknowledges that JobCloud may reject or delete the connection to his/her employer review at any time and without giving reasons. He/she agrees that JobCloud may forward his/her employer review to third parties.

5. COSTS

The use of services and products offered by JobCloud under these terms and conditions of use is free in principle. In the case of fee-based services or products, JobCloud will point this out to the User in explicit terms on its Platforms before the use of such services or products.

6. OBLIGATIONS OF THE USERS

All data submitted must be complete, current and true. If the User supplies incomplete or false details JobCloud may at any time terminate the contract pursuant to paragraph 10 of these terms and conditions of use and/or block the JobCloud Account temporarily or permanently.
The User may only use his/her JobCloud Account for personal use and must keep safe his/her access details and passwords and not pass them to third parties. If a third party obtains access to the JobCloud Account of a User, the respective User must inform JobCloud of this immediately.

7. INTELLECTUAL PROPERTY

All proprietary and intellectual property rights in the websites, Platforms and Apps of JobCloud, in particular copyrights and rights in trademarks, designs and know-how remain in the ownership of JobCloud.
JobCloud grants to the Users a non-exclusive, non-transferable right to use the Platform, Apps and the products and services offered by JobCloud in accordance with these terms and conditions of use.

8. NO GUARANTEES

JobCloud gives no guarantees in relation to its Platforms, Apps or the products and services offered by JobCloud. In particular, JobCloud does not guarantee

  • the topicality, accuracy, completeness or suitability of content for a particular purpose;
  • that submitted application documents will be received, read or answered or lead to a successful job placement; and
  • the uninterrupted or disruption-free availability of its services.

JobCloud carries out regular backups. Notwithstanding this data losses cannot be completely excluded.

9. LIABILITY

JobCloud shall be liable in accordance with applicable law only for damage caused intentionally or through gross negligence.
JobCloud also publishes on its Platforms offerings from third parties and/or links to offerings or websites of third parties. JobCloud is not responsible for these third party offerings or for the content of third party websites and excludes all and any liability in connection with such third party offerings and websites.

10. DURATION OF CONTRACT AND TERMINATION

These terms and conditions of use shall apply for the duration of the use of services by the User or for Users with a JobCloud Account from creation of the Account for an undefined period.

Users with a JobCloud Account may terminate the contract existing between them and JobCloud at any time by (i) letter to JobCloud AG, Carmenstrasse 28, 8032 Zürich or by email to info@jobcloud.ch or (ii) the erasure of your JobCloud Account in the account settings. In this event JobCloud shall delete the JobCloud Account and all data finally and irrevocably to the extent that data is not needed to close the contractual relationship, to make or enforce legal claims or in so far as JobCloud does not have a legal obligation to retain the data.
JobCloud reserves the right to anonymize the data instead of erasing it. The User grants to JobCloud in accordance with paragraphs 3 and 5 of these terms and conditions of use the unlimited right to use and dispose of this anonymized data. You will find more detailed information on the use and erasure of data in JobCloud‘s privacy policy.

11. CHANGING THE SERVICES OFFERED

JobCloud reserves the right at any time to change or completely or partially discontinue the products and services offered. The User shall have no claims against JobCloud by reason of a change or cessation of products or services.

12. CHANGES TO THESE TERMS AND CONDITIONS OF USE

JobCloud shall inform the User in text form of changes to these terms and conditions of use at least six (6) weeks before their planned coming into effect. The User may object to changes at the latest two (2) weeks before their planned coming into effect. If the User does not object or does not do so in due time in text form, then the agreement of the User to the change shall be deemed to have been given and the new provision shall come into effect in relation to the User at the planned date. If the User objects in time, then JobCloud has the option of continuing the contractual relationship affected by the change with the User subject to the old terms and conditions of use or terminating it at the date of the coming into effect of the planned change. JobCloud shall advise the User in the notice of change specifically of JobCloud‘s right to terminate, the objection period applicable to the User and the consequences of an objection.

13. APPLICABLE LAW AND JURISDICTION

Exclusively Swiss law shall apply to these terms and conditions of use and to all disputes arising from or in connection with these terms and conditions of use between JobCloud and the User. Exclusive place of jurisdiction is Zürich. Notwithstanding this provision JobCloud may however invoke the courts of the place of residence of the User.

Zürich, May 2018

 

Previous version: https://www.jobcloud.ch/c/en/general-terms-and-conditions/old